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Child Custody Preference Age in Maryland

Maryland lists the child's preference, if age appropriate, as a custody factor (effective October 1, 2025), and a child 16 or older may petition to change custody.

Last checked . General information, not legal advice.

Maryland at a glance

Age named in statute
16 (may petition to change custody)
The age applies to a child's own petition to change an existing custody order; the preference factor itself names no age.
How the preference is weighed
Factor if age appropriate
Fam. Law 9-201 lets the court consider the child's preference, if age appropriate, among its listed factors, and requires findings on each factor.
Preference can be decisive
No, one factor among many
A child 16 or older who petitions gets a hearing; the court may, but need not, place the child with the parent the child designates.

Sources

Last checked

The rules in Maryland

At what age does a child's custody preference count in Maryland?

Age named in statute in Maryland: 16 (may petition to change custody). The age applies to a child's own petition to change an existing custody order; the preference factor itself names no age.

How do courts in Maryland weigh a child's custody preference?

How the preference is weighed in Maryland: Factor if age appropriate. Fam. Law 9-201 lets the court consider the child's preference, if age appropriate, among its listed factors, and requires findings on each factor.

Can a child's preference decide custody in Maryland?

No, one factor among many. Preference can be decisive in Maryland: no, one factor among many. A child 16 or older who petitions gets a hearing; the court may, but need not, place the child with the parent the child designates.

Where do the Maryland child custody preference laws come from?

The rules above come from Md. Code, Fam. Law 9-201(a)(15) and Md. Code, Fam. Law 9-103. Each source is linked on this page. We last checked them in October 2026.

Good to know

The statutory list of custody factors in Fam. Law 9-201 was enacted by 2025 House Bill 1191 (Chapter 483) and took effect October 1, 2025.

If a child 16 or older petitions to amend a custody order, the court must hold a hearing and may place the child in the custody of the parent the child designates.

What this means in practice

A child's preference is rarely the only thing a court looks at. Judges also weigh each parent's ability to care for the child, the child's ties to home, school and community, and any history of abuse or conflict. A clear preference from an older, mature child can carry real weight, but it does not replace the best interests test.

Courts often hear from children privately, for example in a judge's chambers, through a guardian ad litem, or through a custody evaluator, rather than on the witness stand. The process and who may be present depend on local court rules and the judge's discretion.

Courts look closely at whether a preference is the child's own view or the result of pressure from a parent. Coaching a child or promising rewards for choosing a side can hurt a parent's case. Parents who reach their own arrangement can record it in a parenting plan or settlement agreement for the court to review.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.