How the Best Interests of the Child are Determined

The term “best interests of the child” is frequently used in family law — this is the principle that guides judges in every case involving child custody. Although courts prefer that both parents are equally involved in a child’s life, regardless of marital status, this may not always be what is best for the child. Importantly, in situations where there is a dispute concerning parenting time or custody, a judge would look at a number of factors to make a determination about what is right for the child’s well-being.

What is the “Best Interests of the Child” Standard?

Whether you are facing a child custody matter, a parenting time issue in connection with divorce, or a child support dispute, Maryland courts will apply the legal standard the “best interests of the child” to decide the case. Ultimately, this means putting the child’s interests first and foremost. The best interests standard evaluates parental fitness — and ensures that parenting time decisions are made that promote the child’s wellbeing, health, safety, and happiness.

How Do Maryland Courts Determine the Best Interests of the Child?

Every family’s situation is unique, and courts in Maryland decide child custody matters on a case-by-case basis. In an initial custody case, parents begin on equal footing under the law — neither is presumed to have a greater right to custody than the other. While courts in Maryland previously decided custody matters based solely on case law precedent, a new rule went into effect in December 2019 that codifies the factors a court should analyze.

Maryland Rule 9-204.1 outlines the key factors that a judge may consider when determining what decision-making authority and parenting time arrangement is in the best interests of the child. Under the statute, a judge can evaluate the following in a contested custody matter:

• The stability and foreseeable health and welfare of the child — The court would ensure the child’s environment is stable and they are safe from abuse, neglect, and violence.
• Frequent, regular, and continuing contact with parties who can act in the best interests of the child — This factor ensures the child would have ongoing contact with both parents.
• How parents will share the rights and responsibilities of raising the child — A judge would consider whether and how parents who do not live together will take part in bringing up the child.
• The child’s relationship with their parents, siblings, and other relatives — The court would assess the child’s relationship with people who are important in the child’s life.
• The child’s emotional and physical security — This refers to the child’s protection from physical harm and the negative effects of conflict between parents.
• The child’s developmental needs — This factor considers the child’s physical, emotional, and cognitive development.
• The child’s daily needs — The court would evaluate the day-to-day needs of the child, including education, socialization, culture, religion, food, shelter, and clothing, as well as their mental and physical health.
• How to place the child’s needs above those of each party — A judge would consider how to put the child’s needs first, protect the child from parental conflict, and maintain the child’s significant relationships.
• The child’s age — A child’s age is important to consider in child custody matters because it is indicative of their ability to express their needs to the court and understand the implications of the court’s decision.
• How any military deployment would impact the parent-child relationship — The court would look at the logistics and challenges associated with custody while a parent fulfills their military duties.
• Any previous court orders — Any prior court orders or agreements between the parties would be taken into consideration.
• Each parent’s role — The court would look at each parent’s role in the child’s life, their tasks related to the child, and whether their role has changed.
• The location of each parent’s home — The court would consider the proximity of each parent’s home as it relates to their ability to coordinate parenting time, school, and extracurricular activities.
• The relationship of the parents — A judge would evaluate whether the parents can effectively communicate and co-parent without causing disruption to the child’s school and social life.
• The child’s preference — If the child is old enough, the court will take their opinion into consideration.

Judges in Maryland child custody matters have broad discretion when making decisions. In addition to the above, they would also consider any other factors they deem relevant, including their assessment of the parents’ credibility and demeanor during the trial. However, it’s essential to understand that no single factor is determinative. A judge would look at the full picture to decide what is in the best interests of the child.

Does a Court Always Need to Decide the Best Interests of the Child?

The court doesn’t need to decide custody and determine what is in the best interests of your child. Specifically, a judge will only determine these matters if your case is contested and you and your co-parent cannot reach an agreed settlement. Significantly, you and your co-parent know your child better than anyone and are free to decide what is best for them. Courts generally prefer that parents make their own custody decisions. If you and your co-parent can reach an amicable agreement, it can be submitted to the court to become a binding order.

Mediation can help you and your co-parent achieve a settlement in custody matters by offering a safe environment to discuss your concerns and objectives. While the litigation process is adversarial, mediation gives parents the opportunity to work together with a neutral third party to find creative solutions that might not otherwise be available in the courtroom. Rather than focus on a contentious court battle, mediation allows you to focus on prioritizing your child’s needs — and ensuring their best interests are met.

Contact an Experienced Maryland Family Law Attorney

If you are facing a child custody issue, it’s vital to have a knowledgeable family law attorney by your side who can advise you and ensure your parental rights are safeguarded. At Strickler, Platnik & Hatfield, we are committed to assisting our clients with achieving positive outcomes in their custody matters and finding solutions that meet the best interests of their children. To learn more about child custody in Maryland, contact Strickler, Platnick & Hatfield to schedule a consultation.