Maryland Child Custody
In the state of Maryland, custody is divided into two main categories: physical custody and legal custody.
Physical custody refers to where the child resides and how much overnight time the child spends with each parent.
Primary physical custody means the child primarily lives with one parent, and the other parent may have visitation rights.
Joint physical custody means that one parent has the child for at least 92 overnights or more per year, essentially splitting time with the child.
Legal custody refers to decision-making authority, the right to make important decisions about the child’s health, education, religious upbringing, travel, and more.
Sole legal custody gives one parent exclusive decision-making power.
Joint legal custody allows both parents to share in decision-making.
Joint legal custody with tie-breaker authority means both parents share decision-making, but one parent has the final say when they cannot reach an agreement.
How Custody Is Decided in Maryland
When determining custody, Maryland courts focus on the best interests of the child. There is no single factor that outweighs the others; rather, courts consider the totality of the circumstances, including but not limited to:
Fitness of the parents
Character and reputation of the parents
Desires of and agreements between the parties
Parties’ ability to communicate and make joint decisions
Relationship between the child and each parent
Potential disruption to the child’s social and school life
Geographic proximity of the parents’ homes
Work demands of each party
Age, health, and sex of the child
Living arrangements and opportunities for visitation
Length of separation from the natural parents
Prior voluntary abandonment or surrender
Ability to maintain family relationships
The child’s preference (depending on age and maturity)
Financial status of the parties
Material opportunities for the child's future
Number and age of children involved
Benefit to the parties
Sincerity of each party’s request
The judge or magistrate evaluates all relevant factors to determine what arrangement best serves the child’s well-being.
Let Us Help You Navigate the Process
We understand that custody disputes can be stressful and emotional. At Patiently Guided Law Office, we are here to support you with compassion, empathy, and Patience.
Call us today to schedule your 1-hour consultation and take the first step toward clarity and peace of mind 240-753-7340
