Rockville Child Custody Attorneys

What are the two types of legal custody in Maryland?

There are two kinds of custody in Maryland – legal custody and physical custody.

Legal custody is the right of a parent, or both parents, to decide how the child is educated, which doctors will treat the child, and the moral or religious upbringing of the child. Usually, family courts prefer that both parents be in the child’s life and that both share legal custody. Our lawyers generally recommend shared custody, but advocate for sole custody if we believe that is better for your children and you.

Physical custody is the authority for a child to live with you and for you to make daily decisions for him/her. Physical custody can be shared if children don’t live with a mother or father more than 65% of the time. Shared physical custody does require a fair amount of dedication by the parents so the child doesn’t feel like he or she is being bounced from on parent to the other. Physical custody means much more than just providing the child with a place to sleep. It means making the meals, supervising his or her education and relationships, disciplining the child, and spending the time necessary to help him/her mature.

If one parent has sole physical custody, then the other parent is, with rare exception, entitled to have visitation rights with the child. Standard visitation is normally every other weekend, alternative holidays, several weeks in the summer, and possibly other days during the year.

Must I go to trial?

Yes and no. You may eventually have to appear before a judge, but that is not the same as “going to trial.” Many times, we can resolve disputes by:

• Engaging child counselors to evaluate the emotional needs of the children
• Using a mediator to facilitate reaching a custody decision
• Working collaboratively to try to settle all phases of a divorce, including custody

In contested divorces, a temporary custody order may be needed to determine where the child will live and who will be responsible for them until the divorce and custody matters are decided.

What factors are considered in legal and physical custody decisions?

Courts and child custody attorneys review the following factors when working toward custody decisions:

• The ability to provide for the children. The size and rooms in the home, the school the child will attend, the status of the neighborhood, and other home-setting conditions are considered. Courts consider stability, the equitable distribution award, alimony, and both the intangible and tangible qualities a child needs.
• The health of the parents. Parents who are unable to properly care for their children because they suffer from a debilitating illness (such as terminal cancer, or a condition like MS) or who suffer from certain mental health conditions, may face an uphill battle when it comes to custody.
• Whether there are other children. Courts typically keep siblings together instead of splitting them between parents.
• The ability to communicate with other members of the family. Relatives who will not let their child see their mother-in-law (barring certain circumstances) may been seen as obstructive, as opposed to parents who can put aside family conflict for the child’s benefit.
• The desires of the children. Older children do sometimes have some say in where they will live. Young children generally have little or no say in custody decisions.

Agreements for custody, called parenting plans, and court orders should detail legal custody, physical custody, visitation schedules, and may detail items such as how the child will get from one home to the other. If possible, parenting plans should also resolve how future disputes would be handled so the parents don’t continually run into court.