How does child custody work in Maryland divorces?
Di Goodman
Maryland managing attorney at Marble Law
Key Takeaways
- If the parents can't agree, a Maryland judge determines child custody based on the child's best interests.You must still properly and legally serve your spouse the divorce papers, or your case may be dismissed.
- The best interest is based on factors such as each parent’s relationship with the child, any history of abuse, which parent can foster a stable environment and the child’s age.
- Maryland presumes both parents have an equal right to custody.
- Physical custody is where the child lives and is determined by overnight stays, while legal custody involves long-term decisions (education, medical care).
In Maryland, child custody can be determined by either:
- 1. The parents, if they can reach an agreement themselves. They include this in their divorce settlement agreement that they present to the court for approval.
- 2. A judge, if the parents can’t find consensus.
Either way, Maryland courts prioritize the best interests of the child when deciding child custody. To determine this, the court considers several factors, including:
- How fit each parent is to care for a child
- Each parent’s relationship with the child
- The child’s current social and school life
- The distance between the parents’ houses
- How well the parents get along
- The child’s needs, including physical and emotional security, education, food and shelter
- The child’s age
- Any other factor the court deems worthy
Who gets the kids in a divorce in Maryland?
Unless there’s abuse, neglect or other maltreatment, judges presume that both parents have an equal right to parent. The arrangement decided is one the judge determines to be in the child’s best interest.
Child custody generally falls into two categories: physical and legalץ
- Physical custody is the parenting time schedule and where the child lives.
- Legal custody allows someone to make long-term decisions for a child, including their academic and religious education, discipline and non-emergency medical care.
Both parents may share both physical and legal custody. Or one parent may have full custody in one or both of these areas.
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What is temporary custody?
During divorce proceedings, the court may establish a temporary order so there is a custodial schedule in place during the litigation and until the custody order is finalized. Temporary custody rights can be important to establish when there’s significant parental disagreement. The court decides temporary custody decisions based on the best interests of a child and tries to create a stable environment while the case proceeds.
Can I modify child custody in Maryland?
If you wish to change your custody plan, you can petition the court to revisit its decision.
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