Child Custody in Maryland

If you are a parent, nothing matters more to you than your children. When you are divorcing or ending a relationship with your children’s other parent, the issue of child custody is naturally foremost in your mind. You may have questions like: How much time will I have with our children? How involved will I be in the decisions that shape their lives? How will my relationship with them change?

At Strickler, Platnick & Hatfield, we understand these issues because we are also parents. As parents, we understand and share your concerns for your children’s well-being. As an experienced child custody attorney team, we are committed to doing everything possible to achieve a favorable outcome in your case.

Physical and Legal Custody

When discussing child custody in Maryland, it is important to distinguish between the two types of custody: physical and legal. Physical custody, also known as residential custody or the access schedule, refers to the amount of time the children spend with each parent on a regular basis. Physical custody can be granted primarily to one parent, but is often shared, though not necessarily equally. In all events, the court has substantial discretion to fashion a physical custody arrangement that promotes the children’s well-being.

Legal custody refers to the right to make major decisions regarding your children, such as where they will go to school, what medical care they will receive, and in what religion, if any, they will be raised. Similar to physical custody, legal custody may be sole or joint, and the courts have the authority to fashion multiple forms of legal custody arrangements.

Courts in Maryland are authorized to consider 16 statutory factors when deciding custody disputes, including the following:

  • The stability and the foreseeable health and welfare of the child;
  • Frequent, regular, and continuing contact with parents who can act in the child’s best interests;
  • Whether and how parents who do not live together will share the rights and responsibilities of raising the child;
  • The child’s relationship with each parent, any siblings, other relatives, and individuals who are or may become important in the child’s life;
  • The child’s physical and emotional security, and protection from exposure to conflict and violence;
  • The child’s developmental needs, including their physical safety, emotional security, positive self-image, interpersonal skills, and intellectual and cognitive growth;
  • The child’s day-to-day needs, including education, socialization, food, shelter, culture, religion, clothing, and mental and physical health;
  • How to place the child’s needs above those of the parents, protect the child from parental conflict, and maintain the child’s relationships with siblings and relatives;
  • The child’s age;
  • Any military deployment of either parent and its effect on the parent-child relationship;
  • Any previous court orders or agreements;
  • Each parent’s role and tasks related to the child and how they have changed;
  • The location of each parent’s home and how it relates to their ability to coordinate parenting time, school, and the child’s activities;
  • The parents’ relationship with each other, including their ability to communicate and co-parent without disrupting the child’s school and social life, and how they will resolve any disputes in the future;
  • The child’s preferences, if age appropriate;
  • Any other factor the court considers appropriate to determine how best to serve the physical, developmental, and emotional needs of the child.

Importantly, judges are required to document the reasoning for their custody decisions in writing or on the record.

How Custody is Determined in Maryland

No one understands what your family needs like you do. That is why, if at all possible, it is ideal for you and your children’s other parent to agree on a legal custody and time-sharing arrangement that works for you and your children. This is referred to as a parenting, or custody, agreement. A custody agreement allows you to devise creative solutions that a judge may not have the power (or inclination) to order, and often yields an arrangement both parents may follow more willingly.

If you are unable to reach an agreement, either on your own or with the help of your attorneys, the court will decide the custody arrangement for the family. Determinations regarding physical and legal custody are made at a Custody Merits Trial, and are based on a standard known as “the best interests of the child.” To determine what may be in the best interests of the child during a custody dispute, the court will consider such factors as:

  • Who is the child’s primary caregiver
  • The psychological and physical fitness of each parent
  • The character and reputation of each parent
  • The ability of each parent to help the child maintain relationships with extended family members
  • The preference of the child
  • The financial resources each parent has to provide the child with material things
  • The age and health of the child
  • How close the parents live to each other, and to the child’s school, friends, etc.
  • How long a parent has been separated from the child
  • Whether there is a history of one parent abandoning the family
  • The parents’ religious views, to the extent they affect the child’s physical or emotional well-being
  • Any existing agreement between the parents regarding custody

While at one time it was more common for mothers to be granted custody, the gender of a parent is no longer an allowed consideration when a court decides what is in the best interests of the children. Since the law has no automatic preference for one parent, all parents need to make sure they have an experienced child custody attorney presenting evidence to the court that will portray their position in the most favorable light.

Complex Child Custody Matters

Unfortunately, child custody matters can become contentious even under ordinary circumstances. However, when complicating factors are presented, such as domestic violence, substance abuse, questions regarding the fitness of one or both parents, relocation of a parent to another state or country, or special needs of the children, it is critical that you have an experienced advocate to guide you and to represent you in court, if needed. Your attorney must understand all of the unique circumstances of your case, have detailed knowledge of how the courts work and view particular custody issues and must have detailed knowledge of the applicable law.

Our attorneys have decades of experience in handling Maryland custody matters involving complex issues, including interstate and international custody as well as relocation issues. When necessary, we will also involve outside professionals such as therapists and custody evaluators as needed to support your goals and strengthen your custody position.

Our Maryland Child Custody Attorney Team Can Help You

We understand the stress and challenges of a custody dispute. At Strickler, Platnick & Hatfield, we combine extensive experience in divorce and custody matters with a strategic, analytical approach to achieving our clients’ goals. We are equally at ease helping our clients negotiate a custody arrangement designed for their unique needs and advocating for them at trial if necessary.

We invite you to contact Strickler, Platnick & Hatfield to schedule a consultation to discuss your concerns and learn how a child custody attorney can help you with your custody matter.