Child custody disputes can be emotionally taxing and life-changing for all family members, especially children. When families separate, the legal, emotional, and logistical challenges can feel overwhelming.
At The Bishop Law Group, we understand the difficulties and delicate nature of child custody cases. With expertise and compassion, we are here to support you through these challenging times and help you work toward the best possible outcome for you and your children.
If you are seeking an experienced and compassionate Baltimore family lawyer you can trust, call The Bishop Law Group today to discuss the details of your case. Our firm proudly serves clients throughout Maryland, including Baltimore, Ocean City, and other nearby areas.
Child Custody in Maryland
In Maryland, both parents are presumed to be the natural custodians of their children, and the law does not favor one parent over the other. When determining custody and visitation arrangements, the court uses the “best interests of the child” standard to guide its decisions.
Maryland custody orders include two key components: legal custody and physical custody.
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The Best Interests of the Child
The “best interests of the child” standard considers various factors to determine what arrangement will be most beneficial to the child’s well-being. This principle ensures that custody decisions prioritize the child’s emotional, physical, and developmental needs.
Types of Court-Ordered Custody
De Facto Custody
De facto custody refers to the custody arrangements that exist before the court becomes involved. This type of custody reflects which parent has been caring for the child prior to legal proceedings.
Emergency Custody
Emergency custody is granted when there is an imminent risk of substantial harm to the child or parent. This type of relief is temporary and designed to protect the child from immediate danger.
- Procedure: The process for requesting emergency custody varies by Circuit Court, but hearings are typically held quickly after filing.
- Temporary Nature: Emergency custody must be followed by additional legal proceedings to establish permanent custody arrangements.
Joint Custody
Joint custody involves shared responsibilities between both parents. Maryland recognizes three categories of joint custody:
- Joint Legal Custody: Both parents collaborate to make major decisions about the child’s upbringing, even if the child has one primary residence. In some cases, one parent may have “tie-breaking” authority for resolving disputes, or parents may divide decision-making responsibilities.
- Shared Physical Custody: The child spends at least 35% of their time with each parent, maintaining two residences.
- Combination Custody: Combines elements of joint legal and shared physical custody.
Legal Custody
Legal custody grants a parent the right to make long-term decisions regarding the child’s education, religious upbringing, non-emergency medical care, discipline, and overall welfare.
Physical Custody
Physical custody involves caring for the child’s daily needs and determining where the child will live. This is sometimes referred to as “parenting time.”
Sole Custody
Sole custody may be awarded to one parent exclusively, either as sole legal custody, sole physical custody, or both.
Split Custody
Split custody applies in situations involving multiple children. Each parent is granted custody of specific children. Courts generally avoid split custody unless the circumstances strongly favor it, such as significant age differences or the children’s expressed wishes.
Temporary Custody (Pendente Lite)
Temporary custody, also known as pendente lite custody, is granted during litigation while awaiting a final custody hearing. Parents seeking temporary custody must file a formal request along with their complaint for custody or divorce.
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Jurisdiction for Filing Custody Cases
Maryland courts have jurisdiction to hear a custody case if:
- The Child Lives in Maryland: The child resides and attends school in Maryland, and one parent has sufficient contact with the state (e.g., living, voting, working, or paying taxes in Maryland).
- Maryland Was the Child’s Recent Home State: Even if the child has moved out of state, Maryland retains jurisdiction if it was the child’s home state within the past six months and the parent filing the case continues to reside in Maryland.
- Significant Connections to Maryland: The child and at least one parent have substantial ties to Maryland, such as living, working, or attending school in the state. Maryland must also have access to relevant evidence about the child’s care, protection, and relationships.
- Emergency Situations: If the child was abandoned or faces immediate risk due to abuse or neglect, Maryland courts can intervene based on the child’s physical presence within the state.
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“Best Interests of the Child” Standard in Maryland
In custody cases, Maryland courts prioritize the best interests of the child when making decisions. Even if parents reach a custody agreement, the court evaluates numerous factors to ensure the arrangement supports the child’s welfare. No single factor outweighs the others; instead, all relevant considerations are viewed collectively.
Factors Considered in Custody Cases
Primary Caregiver
The court examines which parent has been the primary caregiver. This includes tasks such as:
- Feeding the child
- Shopping for their clothes
- Getting them ready for school
- Bathing the child and arranging daycare
- Providing emotional comfort when the child is hurt
Fitness
The physical and psychological abilities of each parent are evaluated. The court may also review any history of abuse against:
- The other parent
- A child in the household
- A spouse or partner in the household
Character and Reputation
A parent’s moral character and personal reputation are assessed as part of the court’s decision-making process.
Existing Custody Agreements
If parents have an existing custody agreement, the court will take it into account while considering the child’s best interests.
Family Relationships
The court considers which parent is better suited to maintain family connections. This includes ensuring the child can interact with extended family members, such as grandparents, and avoiding any penalties for the other parent’s past actions.
Child’s Preference
The court may consider the child’s wishes, depending on their age and maturity:
- Children aged 10-12 years or older are typically entitled to have their opinions heard.
- Younger children may be heard based on their ability to distinguish between truth and fiction.
- Judges may interview the child privately and may also appoint an attorney for the child in contested cases.
Financial Resources
The court assesses which parent has the financial capacity to provide for the child’s needs, such as housing, education, and extracurricular activities.
Age, Health, and Gender of the Child
These factors may influence the court’s determination of which parent can better meet the child’s specific needs.
Residence and Proximity
The court evaluates:
- The distance between each parent’s home
- Proximity to the child’s school, friends, and extended family
- The logistical feasibility of visitation arrangements
Length of Separation
The duration of any prior separation between the parent and child is considered.
Abandonment or Custody Surrender
The court examines whether either parent has abandoned the child or relinquished custody in the past.
Religious Considerations
The court only considers religious views if they directly affect the child’s emotional or physical well-being.
Disabilities
A parent’s disability is only relevant if it impacts their ability to meet the child’s needs or serve the child’s best interests.
Joint Custody Agreements
Parents can agree to shared physical and joint legal custody. For example, some joint custody arrangements allow the child to remain in one home while parents alternate living there on a rotating schedule.
Court’s Considerations for Joint Custody
The court carefully examines joint custody proposals, prioritizing the parents’ ability to work together and make decisions for the child’s welfare. Joint custody may be rejected if parents consistently disagree over critical matters, such as religion or education.
Other factors include:
- Willingness to share custody
- Fitness of each parent
- Strength of the child’s relationships with each parent
- The child’s preference
- Stability of the child’s education and social life
- Proximity of the parents’ residences (especially during the school year)
- Employment demands of each parent (e.g., long hours or frequent travel)
- Financial stability of the parents
- The benefits of joint custody to each parent and the child
Sincerity is Key: The court will ensure that joint custody isn’t being used as leverage for concessions in other areas, such as property division.
Impact on Assistance Programs
Joint custody arrangements may influence eligibility for state or federal benefits, including welfare and medical assistance. Parents should consult with social service agencies before finalizing an agreement.
Custody for Unmarried Parents
For unmarried parents, the mother is initially presumed to have sole custody of the child. Fathers must establish paternity to gain custody or visitation rights.
Establishing Paternity
A father can establish paternity through:
- A court determination
- Written acknowledgment of paternity
- Publicly declaring the child as their own
- Marrying the mother and acknowledging the child as theirs
Once paternity is established, neither parent is given preference based on gender.
Custody for Incarcerated Parents
Maryland courts generally do not grant custody or unsupervised visitation to parents convicted of first- or second-degree murder involving:
- The other parent
- A child of the parent
- A household family member
Resolving Custody Disputes
When parents cannot agree on custody or visitation, mediation can be a helpful tool.
Mediation
A mediator helps parents negotiate fair custody and visitation arrangements that benefit the child. Mediation is private and confidential, but it is not appropriate in cases involving physical or sexual abuse.
Legal Guidance
Parents are encouraged to seek legal advice during mediation, as mediators may not always address specific legal concerns or take sides in disputes.
Court-Ordered Mediation
In certain family law cases, Maryland courts have the authority to require both parties to participate in mediation. This may apply whether:
- The case is in its initial stages.
- You are seeking to modify an existing custody or visitation order.
- You are filing a contempt action due to violations of a court order.
What to Expect
When mediation is ordered at the start of a case, the legal process may be delayed, as other court actions are paused until mediation is complete. Initially, the court will usually order two sessions, though the mediator may recommend that the court approve two additional sessions if necessary.
You are not obligated to stop mediation after these sessions; the process may continue voluntarily without a court order. The court also has the discretion to require one or both parties to cover the costs of mediation.
Violations of Custody Agreements
Violations of custody agreements occur when one parent does not adhere to the terms of a court-ordered custody or visitation schedule. This can create serious challenges for the lawful custodian.
Steps to Take When a Custody Agreement Is Violated
If a parent fails to return a child at the scheduled time following visitation, the custodial parent must:
- Demand the Return of the Child: This is a legal requirement before further action can be taken.
- Report Abduction: If the child is taken without consent, legal consequences depend on the circumstances:
- Within Maryland: If the parent remains in-state, the action may be classified as a misdemeanor, punishable by a fine of $25 or up to 30 days in jail.
- Crossing State Lines: If the child is taken out of state, it becomes a felony, with fines ranging from $250 to $1,000 and/or imprisonment for 30 days to one year.
If the other parent has taken the child unlawfully, it is important to contact your local police immediately. In serious cases, the FBI may assist in locating the child and the violating parent.
Exception: Clear and Present Danger
If the child is in immediate danger—such as abuse or abandonment—the non-custodial parent may intervene without prior approval. However, Maryland law requires the non-custodial parent to:
- File a legal petition within 96 hours explaining the emergency situation
- Be prepared to prove the presence of immediate danger
Legal assistance is essential for both parents in such cases.
Modifying Custody Orders
Changing a custody order is a significant legal process that requires justification. The parent requesting the modification must demonstrate why the current arrangement no longer serves the child’s best interests.
Burden of Proof
The requesting parent must show:
- A substantial change in circumstances affecting the child’s well-being
- Modifying custody is in the child’s best interests
This process requires more than proving that your home is comparable to the other parent’s home; you must show that your home is demonstrably better for the child’s overall welfare.
Stability as a Priority
The court generally operates under the principle of “if it isn’t broken, don’t fix it.” Courts prioritize maintaining stability for the child unless clear evidence indicates that the current environment poses harm to the child’s well-being.
Temporary Custody Orders
Temporary or pendente lite custody orders are not final. Changing a temporary custody order does not require showing a substantial change in circumstances, as the court has yet to issue a permanent decision.
Contact a Baltimore Family Law Attorney Today
If you or someone you know is in a custody dispute, needs modification of child custody, or just wants to know more about it, The Bishop Law Group can provide guidance throughout the process.
Contact us to schedule a consultation.
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