Custody Decision in Maryland: What You Should Know. When deciding on custody in Maryland, the court considers the child’s best interests. Many factors are considered to provide legal and physical custody to one or both parents. If a couple divorces, custody is decided through divorce proceedings. For parents, it is important to know that there is no presumption that one parent is inherently better or the first choice over the other parent in Maryland. The aim of the court is to find the best situation for the child that is in the child’s best interest. This can be any parent; both are equally taken into account when determining custody. In addition, the court does not automatically split custody between the two parents. Custody of the child or children can be given to one or both parents depending on a number of factors. Here, too, the child’s best interests are of paramount importance.
How the court determines custody, the court will take many factors into account when deciding on custody agreements, with no set criteria or full list. The court will take into account the “whole of circumstances” when deciding what would be in the best interests of the child. The list may vary depending on the circumstances, but some commonly considered factors may include the following:
Primary care provider – The court can determine whether a parent has performed most of the daily care.
Preference – The court can take into account the preferences of the parents and the child (depending on age).
Task – The court will examine whether a parent has ever left or handed over their child.
Fitness, Character and Prestige – This includes parental mental health, criminal records, domestic abuse (convictions or accusations) or a history of drug addiction.
Child’s gender, age and health, the child’s relationship with each parent. The court can also examine which regulation minimizes the disruption to the child’s life. This can include each parent’s place of residence, financial resources, each parent’s ability to help maintain relationships with other family members, and each parent’s willingness to share custody with his ex-spouse. As a parent who signs a custody agreement, it is important to consider the factors that the court may consider. Discuss any positive or negative circumstances with your lawyer to ensure that your lawyer can be your best lawyer during divorce proceedings.
Types of custody, based on the determination of which arrangement would be in the child’s best interest, the court will grant legal and physical custody to one (sole) or both (shared / shared) parents. Custody is the right to make decisions about the child’s well-being. This includes education, religion, discipline and medical treatment. Custody relates to the child’s place of residence and includes decisions on daily care. Custody can also affect child maintenance obligations. Visiting rights refer to a parent’s right to spend time with a child when he has not been granted custody. Custody proceedings can be the most emotionally demanding and difficult aspect of a divorce.
As a parent, you love your child and want what is best for them. You need a lawyer who will protect your rights and who will stand up for you and your child in this challenging time. Contact attorney Sris to answer your questions, discuss your options, and help you with your divorce proceedings.