Legal & Physical Custody
Legal custody refers to the right and obligation to make decisions pertaining to the child’s education, religion, medical care, and general well-being (it does not include minor day-to-day decisions). If decision-making authority is given to one parent, that parent has sole legal custody. If decision-making authority is shared, parents have joint or shared legal custody.
Physical custody refers to the caretaking rights and responsibilities for the child including providing food, shelter, and clothing. If a child spends a majority of his/her time living with one parent, that parent has primary physical custody. Under Maryland law, majority is defined as at least 2/3 of the ‘overnights’ during a calendar year. If a child spends less than 2/3 of the ‘overnights’ at either parent’s residence, then it is defined as joint physical custody.
Maryland Child Custody Frequently Asked Questions
What is child custody in Maryland?
Child custody refers to the legal arrangement determining which parent has the right to make decisions about the child’s upbringing and where the child will live. It includes both legal custody (decision-making authority) and physical custody (where the child lives).
What is the difference between legal and physical custody?
Legal custody involves making long-term decisions about the child’s education, health, religion, and general welfare. Physical custody refers to where the child lives and how much time they spend with each parent.
How do Maryland courts decide custody?
Maryland courts determine custody based on the “best interests of the child” standard. This includes factors such as the child’s age, health, the parents’ ability to provide a stable environment, and the child’s relationship with each parent.
Is there a preference for mothers or fathers in custody cases?
No, Maryland courts do not favor mothers over fathers. Custody decisions are made based on the child’s best interests, without regard to the parent’s gender.
What is joint custody?
Joint custody can refer to joint legal custody, where both parents share decision-making responsibilities, or joint physical custody, where the child spends significant time with both parents. It can also be a combination of both.
Can grandparents or other relatives seek custody?
Yes, grandparents and other relatives can seek custody, but they must overcome the presumption that the natural parents are the best custodians for the child.
What is a parenting plan?
A parenting plan is a detailed document outlining how parents will share custody and make decisions about the child’s upbringing. It includes schedules for visitation, decision-making responsibilities, and other important aspects of co-parenting.
Can custody arrangements be modified?
Yes, custody arrangements can be modified if there is a significant change in circumstances, such as a change in the child’s needs or the parents’ living situations. Either parent can petition the court for a modification.
What is emergency custody?
Emergency custody is a temporary order granted when there is an imminent risk of substantial and immediate harm to the child. It is intended to protect the child until a final custody order is issued.
How do I file for custody in Maryland?
To file for custody, you need to complete a Complaint for Custody (CC-DR-004) and file it in the Circuit Court where the child lives or where either parent lives. You will also need to serve the other parent with copies of the filed documents.
Contact Our Montgomery County Child Custody Lawyer
Every legal and physical custody decision rests on “the best interest of the child” standard that is determined by the court if the parents cannot agree on a specific custodial arrangement. For professional legal assistance with a child custody arrangement, contact our experienced Maryland child custody lawyer.
(12/12/2024)