PRACTICE AREAS

In Maryland, custody refers to the legal right and responsibility to care for and make decisions about a child’s upbringing. Custody can be divided into two types: legal custody and physical custody. The court will determine custody based on the child’s best interests, considering various factors related to the child's well-being.

Legal custody refers to the right to make significant decisions about a child’s life, including decisions about education, healthcare, religion, and other important aspects of their upbringing. Maryland courts generally prefer that both parents share legal custody, unless it is determined that one parent is unfit or it is not in the best interest of the child.

• Joint Legal Custody: Both parents share the responsibility and authority to make major decisions for the child.

• Sole Legal Custody: One parent has the exclusive right to make decisions for the child.

Physical custody refers to where the child lives and who has primary responsibility for the child’s day-to-day care. Physical custody can be shared between parents or granted primarily to one parent.

• Shared Physical Custody: In Maryland, for the parties to have shared physical custody, the parties each need to have the child overnight at least 25% of the year. Both parents share responsibility for physical care.

• Primary Physical Custody: The child primarily lives with one parent. Meaning that the child spends more than 75% of overnight with that parent, who assumes most of the day-to-day responsibility. The other parent may have visitation or parenting time.

When determining custody, Maryland courts always prioritize the best interestas of the child. While the court will consider many factors, some key elements include:

• The child’s age and developmental needs.

• The relationship between the child and each parent.

• The ability and willingness of each parent to provide for the child’s emotional, physical, and educational needs.

• The child’s preference (if the child is of a certain age and maturity to express a preference).

• The parents' mental and physical health.

• The ability of each parent to co-parent and make joint decisions for the child.

• Any history of abuse or neglect by either parent.

• The child’s adjustment to home, school, and community.

The court will also consider any other relevant factors specific to the child’s situation that may affect their well-being.

If both parents can agree on custody, this is often the best and least contentious route. If parents come to an agreement on legal and physical custody, they can submit the parenting agreement to the court for approval.

• Parenting Agreement: The court will generally accept an agreement that is in the best interests of the child. However, the court has the final say and can modify the agreement if it believes it’s not in the child’s best interest.

• Custody Order: If the agreement is approved, the court will issue a custody order, which is a legally binding document. Even if the parents agree, it’s important to have the agreement formalized through the court to ensure enforcement if needed.

If an agreement cannot be reached, the court will step in and make a determination after considering the evidence presented by both parents.

Visitation is a general term that can mean either a schedule of custody between two parties or refers to the time a non-custodial parent (or a parent who does not have primary physical custody) spends with their child. It allows the parent to maintain a relationship with their child and participate in their upbringing, even though the child may primarily live with the other parent.

Visitation is typically structured to ensure the child’s best interests are met, while also respecting the relationship between the child and both parents. It is usually arranged through a custody and visitation agreement or determined by the court if parents cannot agree.

Scheduled Visitation (Regular or Standard Visitation):

• This refers to a set schedule where the non-custodial parent has regular, scheduled time with the child. It can include weekends, holidays, vacations, and other time frames, depending on the circumstances.

• For example, a typical schedule may be for the non-custodial parent to have the child every other weekend and one evening per week.

Supervised Visitation:

• In certain cases, when a parent poses a potential risk to the child’s safety or well-being, the court may order supervised visitation.

• This means that the parent will only be allowed to spend time with the child in the presence of a third party, such as a social worker, relative, or other approved adult.

• Supervised visitation is typically ordered in cases involving abuse, neglect, or concerns about the parent’s ability to care for the child.

Virtual Visitation:

• Virtual visitation, though less common, allows a parent to maintain contact with the child through electronic means, such as video calls, phone calls, or other technology.

• This may be used when a parent lives far away or when in-person visitation is temporarily not possible.

Holiday and Vacation Visitation:

• Special visitation schedules may be created for holidays and vacations, especially if parents are in different locations. These schedules ensure that both parents have the opportunity to spend time with the child on special occasions, like birthdays, holidays, and school breaks.

Once a visitation order is made by the court, it is legally binding. If a parent violates the terms of the visitation agreement (for example, by denying the other parent their scheduled time with the child), the other parent can return to court to seek enforcement of the order.

Possible consequences for violating visitation orders can include:

• Modification of the visitation schedule.

• Fines or other penalties.

• Loss of visitation rights in extreme cases.