In Maryland, couples file for divorce to end their marriage; however, some couples don’t consider the rights of their older child in terms of child custody and the effects on the child. Laws are in place to protect the child and their rights in these matters. Attorneys in Upper Marlboro, MD can answer questions pertaining to child custody and the rights of children.
Can a Child Decide Where They Want to Live?
Yes, if the child is at least twelve years old, the court will consider the child’s desires; however, a guardian ad litem is assigned when the child wants to initiate their rights and be heard in these cases. The guardian ad litem presents the child’s wishes to the court and helps the child in these matters.
When Can a Child Acquire Emancipation?
A child who is capable of taking care of themselves and has a place to live outside of the home can file for emancipation. The child should at least be sixteen years old and have a job to support themselves. In these cases, the child must have a valid reason for requesting emancipation such as a hostile living environment or abuse. All allegations presented in the request are investigated by a caseworker.
How Are Allegations of Child Abuse Managed in a Divorce Case?
A caseworker is assigned to interview the child and their family, and the caseworker conducts a home study to determine if these allegations are true. The court may assign a medical doctor to examine the child for physical evidence and a child psychologist to assess the child’s mental status.
Do Domestic Violence Laws Apply to Child Custody?
Yes, if the child was the victim, the aggressor is not allowed visitation and will be denied custody of the child. The child will also have protection from the parent through a protection order issued by a judge.
In Maryland, the family court can enforce the rights of children in divorce cases, and the court can assist children in escaping abuse and hostile living conditions. Children can acquire access to a guardian ad litem through an attorney. Families that need help from attorneys in Upper Marlboro, MD can contact us right now.
