How Does Child Custody Work in Maryland?

Parents anticipating a divorce or those who never married and live apart are often very anxious about gaining custody of their children. Their worries are often based on rumors that simply aren’t true. Other times, however, they fail to consider factors that could work against them to obtain or keep custody. 

Working with an experienced attorney is the best way to gather accurate information and plan to secure your family’s custody arrangements. At Jimeno & Gray, P.A., we believe in educating our clients so they understand what to expect and are prepared to make informed decisions that will serve their short- and long-term needs. Whether establishing custody arrangements for the first time or seeking custody modifications, understanding some basic information about custody can prepare you for the decisions and determinations ahead.

Types of Child Custody in Maryland

In Maryland, the state recognizes two primary types of custody, each playing a distinct role in the child’s well-being. 

• Physical Custody: This determines where the child will live. It’s about the child’s day-to-day care, including their living arrangements.
  • Sole Physical Custody: The child lives with one parent full time, although the other parent may have visitation rights that include overnight visits.
  • Joint Physical Custody: The child splits time living with both parents. This could be an equal split or another arrangement that suits the child’s best interests.
• Legal Custody: This type of custody deals with the right to make major decisions about the child’s life. It includes choices about education, health care, and religious upbringing.
  • Sole Legal Custody: Only one parent can make significant child welfare decisions.
  • Joint Legal Custody: Both parents share the decision-making responsibilities. This requires good communication and a collaborative effort between the parents.

Each type of custody is allocated separately. It is not uncommon for courts to award joint legal custody to both parents but sole physical custody to one parent. The determination of these custody types is always centered on what is best for the child. The goal is to ensure the child’s safety, happiness, and overall development, regardless of the parents’ individual desires or preferences.

Factors Influencing Child Custody Decisions 

When determining what is in a child’s best interests, the courts consider a multitude of factors, such as each parent’s ability to provide a stable home, the child’s relationship with each parent, the child’s preference (if they are of a certain age and maturity), the parent’s ability to get along and help the child maintain family relationships, and any history of abuse or neglect. The goal is to ensure a safe, stable, and nurturing environment for the child.

The Role of Mediation in Child Custody 

In Maryland, mediation is often encouraged to resolve custody disputes. This process involves a neutral third party helping parents reach an agreement that works for everyone, especially the child. Mediation can be a less adversarial and more cost-effective approach than going to court, and it often leads to better long-term co-parenting relationships.

Creating a Parenting Plan 

A vital component of the custody process is creating a parenting plan, a crucial document that outlines how parents will share responsibilities and make decisions for their children. This comprehensive plan includes details about daily routines, holidays, communication guidelines, and more. It serves as a roadmap for co-parenting, outlining how each parent will contribute to the child’s upbringing and welfare. A well-thought-out parenting plan is essential in preventing misunderstandings and conflicts in the future, ensuring a stable and supportive environment for the child.

Modifying Child Custody Orders 

Life changes, and sometimes, these changes justify amending custody arrangements. In Maryland, you can request a modification of a custody order if circumstances have significantly changed since the original order was made. This might include relocation, changes in the child’s needs, or changes in a parent’s ability to provide care.

The Importance of Legal Guidance 

Child custody matters are emotionally charged and legally complex. Having experienced legal guidance is crucial. Our firm can help you achieve your custody goals, working for an outcome that protects your children’s well-being and your parental rights.

At Jimeno & Gray, P.A., we understand the emotional and legal challenges of child custody matters in Maryland. Our compassionate and experienced team is here to guide you through every step, ensuring your voice is heard and your children’s best interests are at the forefront. If you’re facing a custody issue, don’t do it alone. Contact us today at 410-590-9401  or online to schedule a consultation and get the support you need during this crucial time.