If you and your children’s co-parent have decided to live apart permanently, the law requires you to make formal arrangements regarding child custody and parent access. Children have the right to financial support and a meaningful relationship with both parents, regardless of the parents’ relationship with each other.
The law regarding child custody in Maryland can be confusing, and getting it wrong could mean that a judge incorrectly decides on this significant personal matter. A Glen Burnie child custody lawyer could explain the relevant laws and help you and your co-parent reach a workable agreement about parenting time and access. If your co-parent is uncooperative, an experienced family attorney could fight for your rights and your child’s best interests in court.
Various Child Custody Terms Explained
There are two types of child custody, physical custody and legal custody. The parent the child lives with most of the time has physical custody. The parent with legal custody has the authority to make significant decisions concerning the child’s education, religious upbringing, medical care, and other important aspects of life. A knowledgeable Glen Burnie attorney could help a parent understand the different custody options and work toward the best alternative for their family.
Shared Custody
The court uses the best interest of the child standard when making custody decisions, and it begins with the premise that having a meaningful relationship with both parents best serves the child. If possible, the court prefers that parents share physical and legal custody. For physical custody to be deemed “shared” under Maryland law, the parent having less overnights must have at least 25% of the overnights in a given year, or 92 overnights total. Any arrangement in which one parent has less than 92 annual overnights is a sole physical custody schedule.
Physical Custody With One Parent
The parents’ circumstances might not allow each to maintain a suitable home, and work and other obligations might interfere with a parent’s ability to care for the child. In such cases, the court may award physical custody to one parent and allow the other parent reasonable access. The parent with primary physical custody is called the custodial parent.
Legal Custody With One Parent
Courts recognize that shared legal custody is not workable in every situation. The parents might not communicate well or be safe together, or one parent might be unavailable due to mental or physical illness, incarceration, or relocation. In such cases, the court might award legal custody to only one parent.
Sole Physical and Legal Custody With One Parent
The court wishes to preserve a child’s relationship with both parents and is reluctant to grant one parent sole legal and physical custody unless the other parent is deemed unfit. The court usually allows a parent without physical or legal custody access with the child. However, under Maryland Code Annotated Family Law § 9-101, if reasonable cause exists to believe a parent is abusive or neglectful, a court could deny the parent contact with the child or order supervised parent access only.
What are the Child Custody Procedures for Unmarried Parents?
Although Maryland does not favor either parent when awarding custody to married couples, custody matters for unmarried parents include additional considerations, such as legally establishing the child’s father. An unmarried father may establish paternity by several means, including signing an Acknowledgement of Parentage or providing proof of paternity, usually a DNA test, to a court and asking the judge to declare legal paternity.
Once a father has established paternity, the court determines custody in accordance with the relevant law in the state of Maryland. Among other relevant factors, a court will consider the:
- The relationship each parent has with the child
- Security of each parent’s home
- Ability to meet the child’s material, emotional, and physical needs
- Parents’ willingness to maintain the child’s relationship with extended family
Paternity offers a father the right to seek custody and parent access but also imposes the obligation to support the child financially. A seasoned child custody lawyer in Glen Burnie could help a father understand and prepare for the financial support obligations owed to his child.
Negotiated Custody Arrangements Are Preferable
During a divorce or custody proceeding, the judge may order the parents to take a parenting education class and engage in mediation. Ideally, these processes help parents find enough common ground to negotiate an appropriate custody and parent access agreement before the judge hears testimony on such issues.
However, even when the parents have agreed to a custody and access plan, it remains subject to judicial review. Though uncommon, a judge may reject a plan that does not serve the child’s best interests. A Glen Burnie parenting time attorney could review a plan prior to submission to the court to ensure it meets legal requirements.
Contact a Glen Burnie Child Custody Attorney for Valuable Guidance
Making child custody arrangements requires you and your co-parent to put your personal feelings aside and work together for the benefit of your children. This process is often challenging for parents who are separating or do not get along.
A Glen Burnie child custody lawyer could help you set realistic expectations about custody proceedings and support the judicial approval of any agreement you reach. If litigating custody issues is necessary, a lawyer could provide tenacious representation in court to secure your desired outcome. Call The Capital Family Law Group today to review your case with a capable attorney.
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