How would the courts handle a case where there is repeated drug use by the father and the son is handicap with cerebral palsy. The child is 15 and does not want to visit his father. He has given his father several chances to stop doing drugs, and he knows when he is with him whether he is on them or not. Would the court listen to the child in a case like this?

ANSWER

The Court will give substantial weight to the 15 year old’s choice. Further, MD Law allows for a 16 year old to file a Motion to Modify Custody on his own behalf assuming he has sufficient mental capacity to do so.

The Court is most concerned with protecting children so in a situation where the Father is abusing drugs it may be necessary to stop access between father and son altogether until the father can get help. You should file a Motion to Modify Visitation and you may need to file for an Emergency Hearing. In your County, the Court will give Dad (or both parents) a drug test that day.