Silver Spring, MD asked in Family Law for Maryland

Q: My ex is asking for solo custody after 7 years of join custody.

He is asking for solo custody because my daughter lately she does not wants to come back to my house because she is been living with his mother and she very close to her so she say she miss her that why she would like to stay with her also she feel something may happen to her if she is not there.

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1 Lawyer Answer

A: Do not believe that there is a question posed here. If your ex already filed for a modification of custody, it is his burden to prove there is a material change of circumstance. Even if he proves this (which by the length of time since the last court order, he probably can), he still needs to prove why it is your daughter's best interest to modify the current arrangement. Your daughter's desire, is 1 of 11 factors the court considers when determining custody. You would do well to schedule a consultation with an attorney so you can at least know what your rights and options are now and long term. You would do even better to hire an attorney.

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