Child custody matters in Maryland are governed by state laws that seek to achieve the child’s best interests. When parents decide to separate or divorce, determining custody arrangements is a crucial and often complex aspect of the legal process.
Child Custody Arrangements
Understanding the key aspects of child custody in Maryland is essential for parents navigating this challenging situation. Maryland recognizes two main types of custody:
- legal custody, and
- physical custody.
Legal custody refers to the authority to make important decisions about the child’s upbringing, including education, healthcare, and religious upbringing. Physical custody determines where the child resides and how parenting time is allocated between the parents.
The primary consideration in child custody decisions in Maryland is the child’s best interests. The court evaluates various factors, including the child’s age, health, emotional ties with each parent, each parent’s ability to provide a stable home environment, and the child’s adjustment to their current community and school.
Maryland courts favor joint custody arrangements when it is in the best interests of the child. Joint legal custody allows both parents to participate in decision-making, while joint physical custody involves the child spending substantial time with each parent. The court may order joint custody unless it is determined that such an arrangement would not be in the child’s best interests.
In cases where joint custody is not feasible or not in the child’s best interests, the court may award sole custody to one parent. Sole legal custody grants one parent the authority to make major decisions for the child, while sole physical custody means the child primarily resides with one parent.
Even if one parent is awarded sole physical custody, the noncustodial parent is typically granted visitation or parenting time. The court aims to ensure that both parents maintain a meaningful relationship with the child, considering factors like the child’s age, the parents’ work schedules, and the child’s extracurricular activities.
In some cases, the court may order a custody evaluation conducted by a neutral third party, such as a psychologist or social worker. This evaluation assesses the psychological, emotional, and social factors affecting the child and the parents. The findings can help inform the court’s custody decision.
Circumstances may change after a custody order is issued, necessitating modifications. Either parent can petition the court for a modification if there is a substantial change in circumstances that warrants revisiting the custody arrangement.
Mediation and Alternative Dispute Resolution (ADR)
Maryland encourages parents to resolve custody disputes through mediation or alternative dispute resolution methods. Mediation allows parents to work together, with the assistance of a neutral mediator, to develop a mutually agreeable custody arrangement. ADR can be less adversarial and more focused on finding collaborative solutions.
Contact the Law Office of Andrew D. Toms
Child custody matters in Maryland are determined by carefully considering the child’s best interests. Parents are encouraged to work together to create custody arrangements that foster the child’s well-being and maintain meaningful relationships with both parents. Legal advice and representation are crucial for parents navigating child custody disputes to ensure their rights are protected and that the final arrangement aligns with the child’s best interests. Contact the Law Office of Andrew D. Toms, LLC, to learn more about child custody and how these decisions are made.