Is there any legal remedy available for me to change my custody from my father to my mother?
Full Question:
I am a 16-year-old boy residing with my father as he is having my custody rights. Now I would like to stay with my mother. Is there any remedy available for me to change my custody from my father?
01/12/2017 |
Category: Divorce ยป Child Custody |
State: Maryland |
#29995
Answer:
“(a) Petition by child. -- A child who is 16 years old or older and who is subject to a custody order or decree may file a petition to change custody.
(b) Guardian or next friend not required. -- A petitioner under this section may file the proceeding in the petitioner's own name and need not proceed by guardian or next friend.
(c) Hearing required; amendment of custody order or decree. -- Notwithstanding any other provision of this article, if a petitioner under this section petitions a court to amend a custody order or decree, the court:
(1) shall hold a hearing; and
(2) may amend the order or decree and place the child in the custody of the parent designated by the child.”
In Maryland, a child who is 16 years old or older who is subject to a custody order or decree can file a petition to change custody. This provision has been provided in Md. FAMILY LAW Code Ann. § 9-103, which reads as follows:
“(a) Petition by child. -- A child who is 16 years old or older and who is subject to a custody order or decree may file a petition to change custody.
(b) Guardian or next friend not required. -- A petitioner under this section may file the proceeding in the petitioner's own name and need not proceed by guardian or next friend.
(c) Hearing required; amendment of custody order or decree. -- Notwithstanding any other provision of this article, if a petitioner under this section petitions a court to amend a custody order or decree, the court:
(1) shall hold a hearing; and
(2) may amend the order or decree and place the child in the custody of the parent designated by the child.”
