If you are considering a divorce or are in the process of one, the question of what will happen with your children is likely at the top of your mind. Whether you agree on a parenting plan or are in a custody battle, working with a Maryland divorce lawyer can help you take control of your family’s future.
At Jimeno & Gray P.A., we understand how stressful this time can be and the full scope of what is at stake. Speak with one of our experienced child custody lawyers in Millersville, MD for help understanding the legal situation and practical problems that arise while finding the best arrangement for your family.
Child Custody Cases in Millersville
Child custody cases can be emotionally charged matters on their own, let alone when you factor in additional variables such as divorce, separation, the death of a parent, a third-party custody request (such as a grandparent), stepparents, etc. You can rely on the experience of Jimeno & Gray, P.A. to navigate these varying family dynamics that have an impact on your child custody case.
This type of custody refers to the ability to make important decisions regarding your child’s life and upbringing. With legal custody, you are granted the authority to make choices regarding your child or children’s school attendance, religious affiliation, medical care, and mental health care. While physical custody could be considered more important, legal custody greatly weighs in on a child’s life and quality of life.
Working with one of our child custody attorneys can help you evaluate yourself and the other parent’s ability to make good choices and who is best equipped to be entrusted with this important authority. Having sole legal custody or shared legal custody does not mean that physical custody will be the same. Each of these types of custody will be evaluated separately based on what is in the best interest of the child or children.
Physical Custody
This type of custody determines physically where your child will live and how they will be cared for on a day-to-day basis. Physical custody arrangements will vary depending on your and the other parent’s ability to care for the child, how close you live together, and other unique circumstances that will influence the child’s life on a daily basis. The main kinds of arrangements to consider include:
- Joint Physical Custody: Both you and the other parent will have a shared role in your child’s life with no parent having less than 25% of overnight access with the child during the year. With joint custody, the child will alternate days, weeks, or weekends/weekdays with each parent.
- Primary Physical Custody: One parent will be granted primary physical custody, while the other parent has less than 25% overnight access during the year. The parent with primary physical custody is often referred to as the custodial parent.
All of these custody outcomes can vary greatly depending on your unique circumstances. Maryland courts will try to determine the ideal living situation depending on your child’s needs and best interests. This is where working with child custody lawyers can help you craft the best supporting evidence for your parenting plan, so the court has all the knowledge it needs to bring about your family’s best outcome.
Parenting Plan Requirements
The best way to approach a child custody case is to have a parenting plan in place that is agreed upon by both parents. Parenting plans will address all issues relating to your child and decisions that may arise in the future. With this plan, you and the other parent are able to agree upon what is best for your family without handing over complete control to the court system to decide what is best. These plans account for collaborative co-parenting and foster a more friendly relationship between parents, which ultimately can help with stability for the child’s upbringing and family relations.
Provided by the courts, the Maryland Parenting Plan Tool helps you go step-by-step through the important points of a parenting plan. This includes details on shared responsibilities, such as:
- Decision-making authority (legal custody)
- Time-sharing (physical custody)
- Communication between the parents
- Information sharing regarding the child’s health, mental health, welfare, and education
- Schooling
- Extracurriculars and how parenting time will be managed around them
- Weekday, weekend, and holiday schedule
- Traveling out of state
- How the child will be exchanged between parents
- How disputes will be managed
If you are not able to come to an easy agreement with the other parent, you may need to utilize negotiation or mediation techniques with your child custody lawyer. Contact our team, which is experienced in family law, to find out how we can help.
Visitation Rights and Supervised Visitation
Navigating the complexities of co-parenting can be tough. Actively engaging in your child’s life through dedicated quality time is vital to having a lasting connection with them. Even if you are not able to have physical custody of your child, the desire to remain connected and avoid parental alienation is understandable. Regardless of your co-parenting arrangement, proactively establishing a clear and consistent schedule of time to be with your child is essential.
On the other side of things, if you are a parent with primary custody of a child and worry about the safety of your child while spending time with the other parent, visitation can be a concerning topic. If the other parent shows signs of, or is known to have, concerning behaviors such as substance abuse, violent tendencies, or other behavior unfit to a parent, you should contact one of the child custody attorneys at Jimeno & Gray P.A. We can work with you to determine your rights under the law and the best case for getting supervised visitations or completely removing visitation rights from the other parent.
What Do I Do If I Have Lost Visitation Rights?
Lost visitation rights are not always a permanent outcome, but it can be difficult to get them reestablished depending on the circumstances that led to them being revoked. Your child custody attorney will start by reviewing the court order and understanding the specific reasons the court ordered this decision. For example, if substance abuse was a factor, actively enrolling in and participating in a rehabilitation program could prove to the court that you are actively addressing the issue.
Work with an attorney to gather evidence that supports your case for reinstating visitation. This could include testimony from experts such as therapists, counselors, or other professionals specific to your circumstances who will attest to your fitness to be a parent. Once you have created a strategic plan, your attorney will help you file a motion to modify the existing court order and present your case to a judge. Consistent, demonstrable changed behaviors and strong legal representation are key in this process.
How Do I File for Child Custody?
Filing for custody begins with submitting a Complaint for Custody (CC-DR-004) to the Maryland Circuit Court in the county where either parent or the child lives. A family law lawyer can be vital in preparing and filing this document to ensure it is prepared correctly to protect your rights. Save a copy of the custody form for yourself and the other parent to ensure everyone can access the information submitted. There is a filing fee to submit this case with the court. If your child lives out of state, there are special rules about filing depending on the location, so be sure to discuss your case with a child custody attorney for more information.
What Do I Do if I Am Served with a Complaint for Custody?
In Maryland, you have 30 days to respond to a complaint for custody. If you are out of state or live outside the U.S., that time may be longer. However, time is of the essence, as the court could hear and make a decision without your participation if you fail to respond in a timely manner.
How Long Do Child Custody Cases Take in Maryland?
Custody cases can range in length depending on the various elements at play in your specific situation. In standard situations, the court tries to resolve a case within a year of the Complaint for Custody being filed. Speaking with a child custody lawyer from Jimeno & Gray P.A. should provide you with more information about the timeline and length of your individual custody case. If you have further questions, be sure to read through our FAQs for more information and give us a call when you are ready to discuss your unique situation.
Take Control of Your Family’s Future: Contact Our Child Custody Lawyer Millersville MD Law Firm
Speak with a child custody attorney from Jimeno & Gray P.A. about the best custody options for your family and circumstances. We understand the challenges you are going through and have the legal resources available to find the right arrangement for you and your children. Contact us today for a case consultation.