CHILD CUSTODY IN MARYLAND

There are two types of custody arrangements in Maryland—legal custody and physical custody.

Legal Custody

Legal custody addresses the question of which parent will make important decisions for their children. Important decisions include subjects such as non-emergency medical treatment, education and religious upbringing. Although there is no presumption that joint legal custody is most appropriate, courts are inclined to award joint legal custody where the evidence demonstrates that parties have the ability to communicate effectively and to reach shared decisions regarding their child or children.

Where parties share joint legal custody both parents have an obligation to inform and discuss important issues with the other parent prior to taking any affirmative action. As well, both parents must agree on the course of action prior to it being initiated. For example, if one parent wants to place the child in psycho-therapy, both parents will have to consent to such treatment before any provider will begin therapy.

Sole legal custody means that only one parent has sole decision making authority regarding important decisions in the child’s life. In a sole legal custody arrangement, the parent with legal custody is not required to consult with the other parent prior to making important decisions for their child.

Physical Custody

Physical custody refers to where the child is physically spending their time during the year. Physical custody and its various forms are referred to by many different labels including but not limited to sole custody, joint custody, shared custody, residential custody, parenting time, and visitation.

When couples with children separate they need to address where their children will live on a day to day basis. When parents cannot agree on a parenting plan, this issue can cause great conflict between parents that all too often negatively impacts children. For information on co-parenting and protecting your children from the negative aspects of your divorce please refer to my information pages in this website.

There are almost as many possibilities for parenting plans as there are families. It is indisputable that the best parenting plan is one that is designed by the agreement of the parents and that addresses the individual needs of their children and family dynamics. However, where parents are unable to formulate a parenting plan for their children the court will provide one.

The court uses the "best interest" standard when deciding the custodial living arrangements for children. In making a determination as to the best interest of a child the court may consider the following factors among others:

• Fitness of the parents
• Character and Reputation of the parties
• Willingness of each parent to share custody
• Relationship between the child and each parent
• Potential disruption of particular custody arrangement upon a child’s social and school life
• Geographic proximity of parent’s homes
• Desire of the natural parents and the terms of any agreements between them
• The likelihood of maintaining natural family relations
• The preference of a child when the child is of sufficient age and capacity to make rationale judgments
• Opportunities affecting the future life of the child
• Age, health and gender of the child
• Suitability of the homes of the parents and whether a non-custodial parent will have adequate opportunities for visitation
• Length of time of any separation between a child and natural parent
• Effect of any prior voluntary abandonment of the child
• Demands of each parent’s employment
• Financial status of each parent

Once the court determines what custodial arrangement is in the best interest of a child, the arrangement will be reduced to a court order. The terms of the court order will govern the child’s living arrangements and time with either parent until the child reaches the age of 18 or until either parent seeks a modification of the custody order.

Modification of Custody Order

In order to seek a change to an existing custody order, the parent must first establish that there has been a substantial change in circumstances since the entry of the prior court order. A change in circumstance can be almost anything but the moving party must establish that the change has some impact on the child. Some examples of a substantial change in circumstance may be the remarriage of one parent, the relocation of a parent, and a significant prolonged change in a child’s academic performance. Once the court determines that a substantial change in circumstance has occurred, the court will re-evaluate the current facts and make a new determination based once again on the best interest of the child.

If you or someone you know would like more information about child custody, call the Law Office of Kimberly T. Arn at 240-345-2015 or send an email to kta@kimberlyarnlaw.com. During your free initial telephone consultation, we will take the time to answer your questions and give you the advice you need to decide how to move forward in your family law matter.

10015 Old Columbia Road, Suite B-215
Columbia, Maryland 21046

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