Rockville Maryland Child Custody Attorney
Minimizing the effect of divorce on children is a priority for most parents. At Shah & Kishore in Rockville Maryland, we use our expertise in Maryland child custody law and mediation to offer various solutions that are in the best interests of the children, keeping the family structure and routine as consistent as possible.
Just as every family is different, every case involving children is different. Unfortunately, not every child custody case can be resolved easily, especially without someone as knowledgeable in Maryland law as Shah & Kishore. In contentious cases, our child custody lawyer will advocate for you to achieve the best possible result.
Divorce is usually traumatic for both spouses, but it can be most impactful on the children. When children are involved, minimizing the effects of the breakup on them is paramount. At Shah & Kishore, we utilize our expertise in Maryland child custody law and mediation to offer our clients solutions in their children’s best interests.
During this stressful time, Shah & Kishore will work with you to determine the best child custody solution that reflects your desires and is in the best interests of your children. To learn how our Rockville child custody lawyers can help with your situation, call us at (301) 315-0001 to set up a complimentary consultation.
What Types Of Child Custody Are There In Maryland?
In Maryland, there is physical and legal custody. Judges have the discretion to order sole legal or physical custody, joint legal or physical custody, or a combination.
Legal custody means the right and obligation to make critical decisions in a child’s life. Typical matters include religious upbringing, education, and healthcare.
Joint legal custody means both parties have an equal say in legal custody decisions. If parents disagree on a significant legal custody matter, our Rockville child custody lawyers at Shah & Kishore can file a motion to ask the court to rule on the matter.
The parent with physical custody provides the child’s primary home and makes daily decisions needed when the child is there. If the family court awards one parent physical custody, the judge will create a visitation or parenting schedule for the parent who does not have custody.
Joint physical custody is shared custody. If parents have shared physical custody, the child is with one parent for part of the year and with the other parent for the other part. Shared physical custody can be 50/50, but not necessarily.
How Custody And Visitation Are Decided In Maryland
In a child custody case, the family court judge must consider the case’s unique circumstances and facts. In that way, they decide the custody arrangement that is in the child’s best interests.
The same legal standard is used for visitation decisions; the court has to decide what is in the child’s best interest. When deciding the visitation schedule, a critical consideration is whether the non-custodial parent has ever engaged indomestic violence or child abuse. If so, the judge may order a supervisor during the parent’s visitation. Or overnight stays may be prohibited.
What Does ‘Best Interests Of The Child’ Mean?
Thebest interests of the child depend on the situation and circumstances. The family court has the discretion to decide which facts are most important in each case. Some of the facts that the judge may consider for determining the child’s best interests are:
- The reputation and character of each parent
- The fitness of each parent
- The ability to maintain family relationships
- The sex, age, and health of the child
- Material opportunities that each parent offers the child
- The preference of the child, if they are old and mature enough to have an informed opinion
In addition to the factors above, the court can consider the minor’s relationship with each party. Also relevant is the relationship the parents have with each other. Divorced parents must communicate well enough to decide for the child’s best interests. Factors that may be considered to determine if joint custody is possible are:
- How well the parents can communicate with each other and make shared decisions
- Whether the parties are willing to share child custody
- The relationship the child has with each parent
- Whether joint custody will affect the child’s school and social life
- How demanding each parent’s job is
- Each parent’s financial status
Modifying Maryland Child Custody Orders
The family court has the power to modify a custody order. But note that courts prefer stability for children, so the judge will not alter a current custody or visitation order unless you can demonstrate it is in the child’s best interest. Also, you have to show that there has been a significant change in circumstances since the previous order.
In Maryland, achild who is at least 16can also ask for a change of custody. The child may file a motion to change the custody agreement without a guardian. However, the child must show that the change is in his or her best interest.
Gender In Maryland Custody Decisions
Many fathers wonder if mothers have an advantage in child custody proceedings in Maryland. The law does not allow courts to consider a parent’s gender as a factor when making child custody decisions.
However, it must be noted that courts sometimes award custody more often to mothers than fathers. There may be many reasons for this, but a likely factor is that some Maryland families may have a history of gender-based division of labor at home. In the past, the mother was frequently the major caregiver, and the father was the primary financial provider. The court could still favor the mother based not on gender but because of this traditional relationship.
Still, the mother or father can be awarded primary custody based on the case circumstances. Speak to our Rockville child custody lawyers at Shah & Kishore if you are concerned about your spouse having an advantage in child custody matters.
Frequently Asked Questions About Child Custody In Maryland
What is Child Custody?
Child custody refers to the legal and physical arrangements regarding the care and control of a child. It includes decisions about where the child lives and who makes important decisions about their upbringing.
What is the Difference Between Legal and Physical Custody?
Legal Custody
This involves making significant decisions about the child’s life, such as education, healthcare, and religious upbringing.
Physical Custody
This refers to where the child lives and the day-to-day care responsibilities.
How Do Maryland Courts Decide Custody Arrangements?
Maryland courts prioritize the “best interests of the child” when deciding custody arrangements. Factors considered include the fitness of the parents, the child’s preferences (if age-appropriate), and each parent’s ability to provide a stable environment.
What is Joint Custody?
Joint custody means that both parents share the responsibilities of making major decisions for the child and/or the child spends significant time with both parents.
Can a Parent with Joint Custody Move Out of State with the Child?
In Maryland, a parent with joint custody cannot move out of state with their child without prior notification to the other parent and, if necessary, court approval. It is essential for the court to assess whether the relocation serves the child’s best interest, which includes evaluating the child’s relationship with both parents, as well as the potential impact on their education and overall well-being. A written notice of intent to relocate is mandatory, and if the non-relocating parent objects, a court hearing will be initiated to resolve the matter.
Key Points About Moving Out of State with Joint Custody in Maryland
1. Notification is Mandatory
A parent planning to relocate out of state must deliver written notice to the other parent, typically within a 90-day window. This notice should clearly state the intended move and the reasons behind it.
2. Court Approval is Often Necessary
If the other parent opposes the move, the court will conduct a hearing to determine if the relocation is genuinely in the child’s best interest.
3. Critical Factors for Court Consideration
The court will rigorously evaluate the child’s relationship with both parents, the quality of education in the new location, the rationale for the move, and the ability to sustain a meaningful relationship with the non-relocating parent despite the distance.
4. Consequences of Unauthorized Relocation
Moving without proper court authorization can result in serious legal repercussions, including alterations to custody arrangements or imposition of sanctions.
Is There a Preference for Mothers Over Fathers in Custody Cases in Maryland?
No, Maryland does not favor mothers over fathers in custody cases; the law is explicitly gender-neutral. Decisions are made solely based on the “best interests of the child,” ensuring that neither parent holds a preferential advantage in custody proceedings.
Key Points About Child Custody in Maryland
No Maternal Preference
The outdated “tender years doctrine,” which once favored mothers, has been unequivocally abolished in Maryland.
Equal Footing
Both parents are regarded as equal custodians under the law, reinforcing fairness in custody matters.
Child’s Best Interests
The court rigorously evaluates key factors, including each parent’s ability to provide a stable environment and the child’s relationship with both parents, when determining custody.
What is a Parenting Plan?
A parenting plan is a detailed agreement between parents outlining how they will share custody and make decisions for their child. It includes schedules, decision-making processes, and other important details.
How Can I Modify a Custody Order?
To modify a custody order in Maryland, you need to take decisive action:
1. File a Petition
You must submit a formal motion for modification with the court that issued the original custody order. Clearly state your reasons for the request and provide supporting evidence.
2. Serve the Other Parent
Once you file the petition, it is your responsibility to serve the other parent with notice of your request.
3. Prepare for a Hearing
Gather compelling evidence to support your case, including documentation of significant changes in your life or your child’s needs.
4. Attend a Hearing
Both you and the other parent will present your sides at a formal hearing. Be prepared to articulate your position clearly and confidently.
5. Await a Decision
The judge will assess whether the proposed modification serves the child’s best interests. To successfully modify a custody order, you must prove a substantial change in circumstances since the last order was issued. This can include a parent’s relocation, changes in the child’s needs, or a parent’s failure to comply with the current custody arrangement.
It’s crucial to consult with a Maryland child custody attorney who can provide strategic advice and help you prepare the required legal documents effectively. Take control of your situation and ensure you have the best representation possible.
What is the Role of a Guardian Ad Litem in Custody Cases?
A guardian ad litem is a court-appointed advocate who represents the child’s best interests in custody cases. They investigate the situation and make recommendations to the court.
How Long Does a Custody Case Take in Maryland?
The duration of a custody case can vary depending on the complexity of the case and whether the parents can reach an agreement. It can take several months to over a year.
Contact Our Rockville Child Custody Attorney
During this stressful time, we will work with you to find the solution that is the least disruptive and most stable for everyone, especially the children. Our Rockville Maryland family law attorney in Rockville has the financial background to advocate for a child support settlement that is fair to you, keeping you informed of developments in your case every step of the way.
To learn more about how our Rockville Maryland child custody lawyer can help you with your particular situation, please email us or call us today at (301) 315-0001 to set up your FREE consultation.