CHILD CUSTODY IN MARYLAND

Child Custody

A child custody decree may be issued in both an absolute divorce and a limited divorce. In Maryland, custody and access are determined by looking at the child’s best interests. Some of the factors the court will consider include: 

*Safety and well-being of the child;
*Age, health and gender of the child;
*Desire of natural parents and any agreements established between the parents;
*Fitness, character and reputation of each parent;
*Potential for maintaining natural family relations;
*Length of separation of the parents;
*Material opportunities affecting the well-being of the child;
*Preference of the child, if of suitable age and maturity;
*Geographic proximity of parents to allow for reasonable access;
*Prior voluntary abandonment or surrender;
*Other relevant facts.

If the parents can agree on a custody arrangement, the court will typically honor such an agreement if it is in the child’s best interest and not against public policy.

If the parents are unable to agree on custody, the court will make the decision. It is important to understand that custody and visitation orders can always be modified based upon a material change in circumstances.   

There are two parts to any custody arrangement:

1. Legal custody involves the right to make decisions for the child in regard to education, non-emergency medical care, activities, religion, and other issues impacting the child’s development.

2. Physical custody pertains to spending time with the child.

There are a number of ways the court may rule in a custody cases, including: 

Sole custody

Joint custody: This is broken down into three categories:

            Joint legal custody: Both parents share control of how the child is raised, regardless of who the child lives with. One parent may be awarded tie breaking authority in the event of a disagreement or each parent may have specific areas of decision making authority.

            Shared physical custody: The child spends a minimum of 35% of their time with each parent.

            Combination: In this situation, the parents have a combination of joint legal and shared physical custody.

The above statement is not legal advice and is not meant to take the place of consultation with a licensed attorney.  You should always speak with a licensed attorney before taking any legal action.

In Maryland, an individual can seek a divorce on several grounds.  As on October 1, 2015, individuals who have been separated for six months, have no children and have reached a resolution of all issues relating to their marriage can seek a divorce based upon "mutual consent."  Both parties are required to appear in court for the divorce hearing.  However, a corroborating witness will not be required.
The other grounds for divorce remain:  a separation lasting more than 12 months, adultery, cruelty, abandonment, excessively vicious conduct, insanity or conviction of a felony.

If the parties are unable to come to an agreement on the issues existing between them, the divorce will be contested and a judge or family law magistrate will make a determination on such issues as grounds for the divorce, custody, access, child support, alimony, use and possession of the family home, attorney's fees, a division of marital property, pensions and retirement accounts.
If the parties are able to resolve their differences, the court will hold a ten minute uncontested divorce where at least one of the parties will confirm the date of marriage, the date of separation, the grounds for divorce and the existence of a separation or settlement agreement.
All divorces, other than a mutual consent divorce, must have a corroborating witness.

The above statement is not legal advice and is not meant to take the place of consultation with a licensed professional.  You should always speak with an attorney before taking any legal action.