|
Child Custody law and procedure varies greatly from state to state.
This information concerns Maryland custody law only.
The information on this page is general and is not meant to replace legal advice.
Maryland law no longer allows family law judges to presume the mother should get custody instead of the father,
and the child support laws apply to mothers as well as to fathers.
Today's family law is very different than many people think.
The Maryland Family Law court system is complex and Maryland Family Law requires judges to consider many
variables and laws before making a decision in each Family Law case.
Individual laws cannot be fully comprehended without understanding how they interact with each other and
within the elaborate Maryland Family Law Court system, and trying to interpret individual laws
without understanding how they each interact with each other and within this system could
lessen the chances of being able to win a case.
It is in your best interest to consult an attorney with experience in Maryland Family Law courts
before agreeing to anything or signing anything regarding your Maryland divorce, custody, or domestic violence/abuse
case.
Terms used in Maryland Custody Law
There are two kinds of child custody in Maryland:
LEGAL custody and PHYSICAL custody.
Each has different rights associated with it.
LEGAL custody gives a parent the right to make broad, long-term decisions affecting the child.
PHYSICAL custody is what affects where the child lives, day-to-day decision-making, and child support.
Child support in Maryland is calculated by using the average monthly income of each of the parents,
the average number of overnights the child spends with each parent, health insurance costs, daycare costs,
and a few other factors.
Here are some examples:
Joint PHYSICAL Custody with Equal Access/Equal Authority
-- No Child Support if both parents earn the same amount
and both parents have equal rights as parents in regard to spending time with the child and making decisions about the child
Joint LEGAL Custody
-- Gives both parents authority to make long-term decisions regarding the child
Child Support is not affected by LEGAL Custody
and LEGAL Custody does not affect the visitation schedule with the child
*These are just some of many possible custody arrangements
See the attorney for details and find out the implications involved before agreeing to anything
Access to the child and child support are determined by PHYSICAL Custody
Joint LEGAL custody does not include Joint PHYSICAL custody unless specified
PHYSICAL Custody is sometimes called "Residential Custody," "Primary Care," or sometimes it is not
labeled at all and a schedule regarding overnights with the child is simply set (or agreed to) and it is then
that schedule (rather than a label or term) that determines child support and the right to make
the short-term, day-to-day decisions that go with "physical custody."
Factors Maryland courts must consider when determining custody
Although there are several factors the court must consider when awarding custody in Maryland, there is no specific
weight or priority assigned to these factors and there is no specific formula like there is for awarding child support. The facts and circumstances of each particular case will be
determinative.
The relevant case law in Maryland holds that "there is no such thing as a simple custody case," that "custody
cases are like fingerprints because no two are exactly the same," and that there is no
litmus test that provides a quick and easy answer to custody matters.
The "best interest of the child" is the standard Maryland courts must use in determining custody.
Determining what is "in the best interest of the child" involves a multitude of intangible factors that can be ambiguous.
The best interest standard is an amorphous notion, varying with each individual case.
When considering custody in Maryland, the court must consider all the factors necessary to determine what
would be in the best interest of the child,
including, but not limited to the following (these factors are not intended to be all-inclusive,
but merely to act as a guide for the trial court):
(1) The fitness of the parents;
(2) The character and reputation of the parties;
(3) The desire of the natural parents and any agreements between them;
(4) The potential for maintaining natural family relations;
(5) The preference of the child, when the child is of sufficient age and capacity to form a rational judgment;
(6) Material opportunities affecting the future life of the child;
(7) The age, health, and sex of the child;
(8) The residences of the parents and the opportunity for visitation;
(9) The length of the separation of the parents;
(10) Whether there was a prior voluntary abandonment or surrender of custody of the child
When deciding whether to award Joint Custody, Maryland courts must consider the following factors:
(1) Capacity of the parents to communicate and to reach shared decisions affecting the child's welfare;
(2) Willingness of parents to share custody;
(3) Fitness of parents;
(4) Relationship established between the child and each parent;
(5) Preference of the child;
(6) Potential disruption of child's social and school life;
(7) Geographic proximity of parental homes;
(8) Demands of parental employment;
(9) Age and number of children;
(10) Sincerity of parent's request;
(11) Financial status of parents;
(12) Impact on State or Federal Assistance;
(13) Benefit to parents
Changing Existing Custody Orders in Maryland