Child Custody

In the state of Maryland, child custody is determined by the court based on the “best interest of the child.” The courts may make the decision that joint legal custody is in the child’s best interests. Joint legal custody gives each parent an equal voice in making decisions. The parents work together and share the care and control of the upbringing of the child, even if the physical custody of the child is only at one primary residence. There are hybrid versions of joint legal custody where one parent may have "tiebreaking" authority (the final word in cases of disagreement), or each parent may have certain areas of decision-making authority. Shared physical custody is when a child spends at least 35% of the time with each parent and has two residences. Legal custody involves the right to make long-term plans and decisions for the education, religious training, discipline, non-emergency medical care and other matters of major significance concerning the child's welfare. When you hire James Thomas as your Maryland family lawyer, you can be confident that all of your rights are being protected, and that the child will be in the best environment possible.

Factors the Court Considers When Determining Custody of the Minor Child:

When determining custody, the courts will look to determine the "best interests" of the child. This is a list of some, but not all of the factors, that courts will consider under Maryland law.

Primary Care Giver - Who is the person who takes care of the child? Who feeds the child, shops for their clothes, gets them up for school, bathes them, and arranges day care? Who does the child turn to when they get hurt, or are sick?

Fitness - What are the psychological and physical capacities of the parties seeking custody? The court may also consider evidence of abuse by a party against the other parent, the party's spouse, or any child residing within the party's household (including another child).

Character and Reputation – of the parties.

Agreements - Is there a de facto or written parenting agreement already in place? In other words, is there already a visitation schedule in place which has been written and agreed to, or followed by the parties?

Ability to Maintain Family Relationships - Who will be best able to help the child keep family relationships? Who is going to let the child speak with their grandmother from the “other side of the family,” for example? Who will not penalize the child for any bad action on the part of the other parent?

Child Preference - The decision of the court may be reversed on appeal if the judge will not hear the child's preference. However, the judge may choose to interview the child outside the presence of the parents. The child's maturity, and whether the child can tell the truth from fiction will guide the decision whether a child may be heard. A child of at least 10 or 12 years of age is entitled to have their opinions heard and given weight in legal proceedings about custody. Additionally, the court has the power to appoint an attorney for the child in contested cases.

Material Opportunity – Does one parent have the financial resources to give the child more things?.

Residences of Parents and Opportunity for Visitation - How close do the parents live to each other? How close do they live to members of the child's extended family? Which parent lives closest to the child's school and social circle?

Length of Separation - How long has the parent been separated from the child?

Any Prior Abandonment or Surrender of Custody - Is there a history of one parent walking out and leaving the other parent to cope with the child and the home? Which parent left when you last broke up?

Religious Views - These will be important in the court's decision only if you can show that religious views affect the physical or emotional well-being of the child.

For continued reading on child custody determinations by Maryland courts, review Taylor v. Taylor, 306 Md. 290 (Court of Appeals 1986).