Settling child custody in Maryland can feel complex, stressful, and emotional. You are trying to argue on behalf of the best interest of your child, create a parenting plan with an estranged co-parent, and are worried about the legal complexities of custody arrangements.
You do not have to go it alone. Experienced child custody lawyers in Maryland are available to make the process easy to understand and work in favor of your child.
Disclaimer: articles on sallerlaw.com are not intended as legal advice and should not be taken as such, please consult an attorney for advice about your individual situation.
Types of Custody Arrangements in Maryland
When creating a child custody arrangement in Maryland, you will hear two primary definitions of custody that you must consider.
Physical Custody
Physical Custody refers to where the child spends their time and who they live with.
Legal Custody
Legal Custody is the party that is responsible for all decision-making, including long-term choices related to religion, education, health, wellness, and other relevant areas.
Child Custody Options for Parents and Guardians
Your child custody options in Maryland will require a combination of declaring the legal guardianship of the child(ren) and the physical custody of the child(ren). This can take many forms, but here are the most common definitions of child custody options in Maryland.
Sole Custody
- Sole custody may be arranged regarding physical custody, legal custody, or both
- Sole custody is awarded when one guardian is unfit, unwilling, unavailable, or unresponsive to child care arrangements
- Unless the other parent/guardian is a danger to the child, visitation rights are still granted
- Courts may grant sole custody in arrangements where the parents cannot cooperate for the benefit of co-parenting and caring for a child together
Joint Legal Custody
- Joint legal custody grants both parents the legal right to make decisions regarding the child’s care
- Parents do not need to agree on the decisions, but must show they can work together for the benefit of the child
- Joint legal custody does not affect physical custody; the child(ren) may reside primarily with one parent
- The court grants joint legal custody when both parents show they can put their child’s needs above their differences
Shared Physical Custody
- Shared physical custody in Maryland is defined when the child spends 35% of their overnight time in a year with both parents
- Shared physical custody can be any arrangement that works for the parents: trading weeks, defining weekends, extended vacations or summers with one parent, and so forth
- Shared physical custody agreements must show careful planning and consideration, with the ability for flexibility from each parent
- Courts will consider the distance two parents live from one another, work schedules, the location of the child’s school, after-school activities, and more
Split Custody
- In the event of multiple children in one family, split custody is defined when one parent takes sole custody of some of the children, and the other parent takes sole custody of the remaining children
- Split custody is not preferred in Maryland courts and is a rare custody agreement in the state
Who Determines Child Custody in Maryland
As part of a divorce, parents are required to submit a parenting plan, outlining their child custody agreements. The parenting plan documents are readily available online via MD Courts, along with step-by-step instructions for submission and filing. These documents and processes can get tricky, however, especially when two parents are in disagreement about the best interests of the child.
Maryland Courts prefer that parents come to an agreement over the custody arrangements for their child(ren). A child custody and divorce lawyer can help parents negotiate, attend mediation, and come to an agreement that they are both happy with. This is the preferred solution, and child custody lawyers can help define legal terms, outline options, and explain what is considered beneficial under Maryland law.
In cases where two parents cannot come to an agreement, the Maryland courts will make the decision regarding child custody agreements. Child custody cases are not held in front of a jury; they are held with a judge and a magistrate. Parents will offer evidence, statements, and arguments on their behalf. A child custody attorney is critical to helping file documentation, following the court process, and presenting a factual argument for the child’s arrangements.
When Do I Need a Child Custody Lawyer
It is advised to always work with a lawyer when deciding child custody. You want to make sure paperwork, verbiage, legal terms, and more are all enforceable and in your favor. However, there are times when a child custody lawyer is needed to help with special circumstances:
- One parent lives out of state
- One parent is a danger to the child
- The parents cannot cooperate or agree
- A judge will be making the final ruling
- The parents could not create a parenting plan
- The child custody arrangement needs to change
Working with a Child Custody Lawyer for Your Parenting Plan
Are you nervous about child custody for your children? Call Saller, Ernstberger, & McElroy. Lillian V. McElroy is our family attorney and child custody lawyer in Baltimore, MD. She helps families manage disagreements, prepare arguments, compile evidence, and fight in the best interest of their child.
Whether it’s a stress-free divorce and you need confidence that the paperwork is correct or you are in a stressful situation with a lot of disagreements, our team can help. Child custody is important for the well-being, safety, and happiness of your child. Do not leave it up to chance.
Frequently Asked Questions
What is the difference between physical custody and legal custody in Maryland?
Physical custody determines where the child lives and spends their time, while legal custody gives a parent the authority to make long-term decisions about the child’s education, health, religion, and overall well-being.
What are the main child custody options available in Maryland?
The main custody options in Maryland are sole custody, joint legal custody, shared physical custody, and split custody. Each option determines how legal decision-making and physical time with the child are divided between parents.
Who decides child custody if parents cannot agree in Maryland?
If parents cannot agree on custody, a Maryland judge (not a jury) makes the final decision after reviewing evidence, statements, and arguments. A magistrate may also assist in the process.
When is it necessary to hire a child custody lawyer in Maryland?
You should hire a child custody lawyer if one parent lives out of state, if one parent poses a danger to the child, if parents cannot agree, if a judge must rule, if a parenting plan cannot be created, or if an existing custody arrangement needs to change.
