10 Strategies To Resolve Custody Issues
When child custody becomes a concern during a divorce, it’s natural to feel uncertain about how to protect your child’s best interests. We understand that both parents want stability and emotional security for their children. Maryland law offers multiple paths to help parents reach agreements in a way that centers the children’s well-being. By approaching the process thoughtfully and strategically, you increase the chances of reaching custody arrangements that support your family’s future.
Throughout the custody process, custody decisions must reflect the “best interests of the child.” That standard considers factors such as the child’s relationship with each parent, stability of each home, the child’s preferences when appropriate, and each parent’s ability to foster a constructive relationship with the other parent. Below are ten key strategies that can help parents move forward in a collaborative, effective manner.
1. Focus On The Best Interest Standard From The Start
From the very beginning, we recommend centering each discussion around the best interest standard. That means looking beyond schedules to the emotional and developmental needs of your child. Begin by asking: Does this plan provide stability? Will it support the child’s school life, friendships, and extracurricular activities? When you frame discussions in terms of what the child needs to thrive, you build agreements that are more likely to be approved by the court.
2. Create A Custom Parenting Plan
A one-size-fits-all parenting schedule rarely works well. Parent-prepared plans tailored to your child’s age, school calendar, and extracurricular activities tend to be more successful. A detailed plan may include pickup and drop-off points, holiday schedules, and travel provisions. Maryland courts appreciate plans that are thoughtful and child-centered. Well-developed parenting plans also reduce friction and misunderstandings between parents over time.
3. Use Mediation For Constructive Dialogue
Maryland courts often encourage parents to attend mediation before moving forward with litigation. Mediation offers a confidential, structured way to resolve disputes with the help of a neutral professional. This can help you address underlying issues—like communication or parenting style—without the stress of a courtroom. Parents who reach agreements through mediation often report higher satisfaction, lower conflict, and smoother implementation.
4. Prepare For Custody Evaluations
The court may order a custody evaluation if your case is contested. During a custody evaluation, the evaluator will likely conduct interviews and home visits. We recommend preparing your home to show safe and stable conditions. Be ready to discuss your child’s routine, needs, and your parenting approach. Transparency and cooperation can make a strong case.
The evaluator assesses each parent’s home, parenting style, and relationship with the child. We advise being open, honest, and cooperative during this process. By demonstrating willingness and preparedness, you show the court your commitment to your child’s best interests.
5. Gather Evidence That Supports Your Parent-Child Relationship
Carefully documenting your involvement demonstrates your dedication. Records like call logs, emails, school communications, doctor appointments, and extracurricular schedules can help illustrate who takes an active role in your child’s life. Share this evidence clearly in mediation or court filings. Maryland courts will look favorably on a parent who is actively engaged and invested in their child’s welfare.
6. Maintain Consistent Communication With The Other Parent
Consistent, respectful communication shows you can work cooperatively. Texts or emails documenting schedules, health matters, or school-related issues can demonstrate stability and mutual respect. Maryland courts value parents who are able to prioritize the child’s needs. Even in difficult circumstances, maintaining respect in communication helps establish credibility.
7. Explore Co-Parenting Counseling
Some parents benefit from counseling where both can learn to co-parent more effectively. Licensed professionals can teach communication strategies, conflict resolution, and parenting coordination skills. While not part of Maryland law, participating in co-parenting counseling can be a positive addition to your custody plan and show a proactive commitment to your child’s emotional health.
8. Consider Mediation
Mediation, under Maryland Rule 9-205, allows couples to mediate “the dispute as to custody or visitation is appropriate and likely would be beneficial to the parties or the child.” In this model, both parties agree that disputes will be resolved through negotiation rather than litigation. Attorneys draft solutions together and advocate for terms acceptable to the court. If court involvement becomes necessary, new attorneys must be hired. Mediation of child custody and visitation can help limit conflict and preserve a healthier co-parenting relationship.
9. Use Virtual Parenting Tools
Co-parenting apps and online tools can simplify scheduling, document sharing, and communication. Secure apps approved for court use can track exchanges and create logs that reflect your consistency. Co-parenting apps could be a good way to demonstrate compliance and good faith cooperation.
10. Review And Modify As Children Grow
Children’s needs change quickly, and what worked at age eight may not work at sixteen. Maryland permits custody modifications where there has been a substantial change in circumstances that affects the best interests of the child.
When a parent wants to modify an existing custody order, it is that parent’s responsibility to convince the court that a change is justified. Courts generally operate under the principle that if the current arrangement is working, there’s no reason to alter it. This approach reflects the belief that maintaining stability is typically in the child’s best interest, unless there is evidence that the current environment poses a risk to the child’s well-being.
Demonstrating this is not easy. To succeed, you must show that there has been a substantial change in circumstances and that modifying custody would serve the child’s best interests. If both households are seen as providing equally appropriate environments, custody will remain unchanged. It’s important to note that a temporary or pendente lite custody order is not considered final.
Maryland Child Custody Frequently Asked Questions
Can We Create Our Own Parenting Plan Without Court Involvement?
Yes, parents can agree on a parenting plan and submit it to the court for approval. A court-approved plan becomes legally binding. While not required, written and signed plans help avoid confusion. If both parents follow a consistent arrangement, court approval is often straightforward.
What Happens If One Parent Doesn’t Follow The Plan?
If a court-approved plan is violated, the other parent may file for enforcement under Maryland Rule 9-204.2 or request make-up time. Courts encourage following the plan and may impose penalties or adjust time if non-compliance continues.
Is Mediation Mandatory In Maryland Custody Cases?
Many Maryland jurisdictions require parents to attempt mediation before a hearing. Even where it isn’t mandatory, mediation often helps preserve co-parenting relationships. Mediation involves a neutral facilitator who helps parents find common ground without court intervention.
What Should We Do If There’s A Need For A Custody Evaluation?
During a custody evaluation, the evaluator will likely conduct interviews and home visits. We recommend preparing your home to show safe and stable conditions. Be ready to discuss your child’s routine, needs, and your parenting approach. Transparency and cooperation can make a strong case.
Are Virtual Tools Accepted In Court?
Yes. Maryland courts now accept records from co-parenting apps and shared calendars as documentation of cooperation. Consider using these tools thoughtfully and consistently for communication and scheduling success.
Call Shah & Kishore For Support With Custody Resolutions In Maryland
Resolving custody matters is never easy, but with the right strategies, you can protect your child’s best interests and achieve a sustainable agreement. We provide clear guidance and compassionate support every step of the way. Our office in Rockville serves professionals and families throughout Montgomery County. Contact our Maryland child custody attorney at (301) 315-0001 to arrange a consultation. Don’t forget to read the experiences of our many satisfied clients through their testimonials.