Child Custody

In the state of Maryland, there are two types of custody, legal custody and residential custody, which is also known as physical custody.  Custody and visitation are never considered final.  As situations, change custody can be challenged.  Maryland does not favor a mother or father as the parent having custody.  The law takes into consideration each case individually, and while other people may request custody, the court tends to favor the natural parents.  Before any type of permanent custody can be awarded, temporary custody must first be established.  Temporary custody is established while everyone waits for a court date. 

Sole Custody

Sole Custody  is when both legal and physical custody is awarded to one parent.  The child resides with only one parent and has one primary residence.  A parent with legal custody has the right to make long-range plans and decisions, such as schooling, discipline, non-emergency medical care, religious upbringing and other significant decisions in the child’s life and for their welfare.  Physical custody is when the child resides primarily with one parent and that parent has the right to make decisions as to the child’s day-to-day needs.

Split Custody

Split Custody usually involves more than one child.  The children reside each in separate households, usually due to age and choice of who the child would like to live with.

Joint Custody

Joint Custody - There are three types of Joint Custody, Joint Legal, Shared Physical and Combination.

• Joint Legal
  Legal is where the child has only one primary residence, yet both parents share in the care and control of the decisions concerning the child.
  Shared Physical
• Shared physical custody is when the child has two residences.  They spend at least 35% of their time with the other parent.
  Combination
• You may also make you own joint custody agreement between you and your spouse that will work for both you and the children.  This can be any combination of shared physical and joint legal custody.

The court will also look at other factors including the parents willingness to share custody, the child’s relationship with the parents, child’s preference, fitness of the parents, financial status, benefit to parents, age and number of children, stability of home life and stability in the child’s school and social life, employment hours and length away from home.  The court will also make sure that the child is not used for concessions on other points. 

When one parent is awarded physical custody of a child and does not have the financial means to support both them self and the child then that parent is awarded child support.  Maryland awards two types of child support; when one parent is awarded primary physical custody and when the parents share joint physical custody.  A parent cannot avoid their child support obligation by quitting their job.  This is known as voluntary impoverishment.  A court may hold that parent in contempt and calculate guidelines based on the parent’s likely earnable income.

All child custody decisions may be modified.  Maryland uses the “best interest” test in determining physical custody.  The Court will determine how a child’s interest will be best served.  The best interest of the child is obviously if both parents agree, however, this is not always the case and this is when you will need to consult with a legal expert. 

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