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Child Custody Process
In Maryland, deciding child custody is often one of the biggest challenges in a divorce. While some couples can negotiate and reach an agreement on custody, most end up litigating the issue. This article will explore the child custody process in Maryland, helping you understand what to expect in your case. By understanding the process, you’ll be better prepared to navigate your child custody case or divorce with minor children.
Types of Custody in Maryland
In Maryland child custody cases, there are different custody arrangements to consider. It’s important to start by understanding the difference between legal custody and physical custody. Legal custody involves the right to make major decisions for your child, such as those about education, medical care, religion, and discipline. Physical custody, on the other hand, refers to where your child lives and spends their overnights.
Types of Legal Custody in Child Custody Process
Joint Legal Custody:
Joint legal custody is common in Maryland and means both parents share the responsibility for important decisions about their child, such as healthcare and education. Even with joint legal custody, the court typically designates one parent as the primary decision-maker. This parent resolves any disagreements if the parents cannot reach a consensus.
The primary joint custodial parent is the one who makes the final decision if there’s a disagreement. For example, if the parents agree that their child will play soccer but can’t decide between a recreational team or a competitive travel team, the primary custodial parent will make the final choice after discussing it, as long as they have authority over extracurricular activities.
It’s important to note that legal custody issues can be divided between the parents. For example, if one parent is more concerned about education, they could make decisions about schooling, while the other parent might handle decisions about extracurricular activities, religious upbringing, or medical treatment.
Sole Legal Custody:
Sole legal custody is challenging to obtain if both parents are actively involved in their child’s life. With sole legal custody, only one parent has the authority to make significant decisions affecting the child’s overall well-being.
The parent without sole legal custody cannot make decisions about the child’s school, major medical treatments, or sports without permission from the custodial parent. However, the non-custodial parent can still take the child to the doctor and make less significant or urgent decisions without needing to consult the sole custodial parent each time.
Types of Physical Custody
Joint Physical Custody:
With joint physical custody, the child will spend a set amount of time with each parent during the school year, summer, and winter breaks. The parents can agree to adjust the schedule if needed. However, if one parent interferes with the agreed schedule, the other parent can seek help from the court to enforce their custody time.
Most physical custody orders in Maryland involve some form of joint physical custody. However, there are different variations that determine how much time the child spends with each parent and the details of the visitation schedule.
Sole Physical Custody:
Sole physical custody means the child lives with only one parent. The other parent may have visitation rights, but the child will not spend significant overnight time with the non-custodial parent.
Split Custody:
Though uncommon and rarely used, split custody can work for some families. In split custody, each parent is given primary custody of one or more children, with different visitation schedules for each child.
Bird Nesting:
Bird nesting is a rare custody arrangement where the children remain in the family home full-time, while the parents rotate in and out on a set schedule. This method can ease the transition for children during a divorce, but courts seldom use it as a long-term custody plan after finalizing the divorce.
How is Child Custody Decided?
Most child custody cases are resolved through an agreement between the parties, called a settlement or agreed order. Reaching an agreement often requires multiple attempts or negotiations. It’s important that your attorney helps you understand the risks and benefits of fighting for custody versus settling.
One of the main benefits of an agreed child custody order is that you have control over the outcome. The sooner you and your attorney clarify your custody goals, the smoother the process will be. Now that you understand the basics of child custody, you can start evaluating what matters most to you.
For some parents, having final decision-making authority is crucial, while others might prioritize spending more time with their children or having them on specific days. Whatever matters most to you, it’s important to clarify your preferred custody arrangement and what you’re willing to accept as early as possible in your case.
Temporary Orders in Child Custody
Early in many contested child custody cases, the parties will go to a temporary order hearing. At this hearing, each party, with their attorney’s help, will present evidence and arguments for the temporary custody arrangements they want during the divorce.
Even though these orders are temporary, it’s important to fight for the visitation schedule and temporary custody arrangements you want for your children. These arrangements often become the standard for the rest of the divorce and beyond. Don’t underestimate this stage. Setting the physical custody schedule you prefer now can help ensure it continues after the final divorce order.
Guardian Ad Litem and Child Custody
In some contested child custody cases, the court appoints an attorney to represent the child’s interests. This attorney, known as a Guardian Ad Litem (GAL), acts as a neutral third party. The GAL evaluates both the parents and the children from multiple perspectives. They then prepare a report for the court, focusing on the best interests of the children regarding custody.
Choosing the right Guardian ad Litem (GAL) in a divorce with children or a contested child custody case is crucial. GALs can have their own biases, so it’s important to work closely with your attorney to select a GAL who will be fair and represent your interests well in the custody matter.
Mediation in Child Custody
Most family law judges have more cases on their docket, cases assigned to one specific judge than the court has time to hear. Therefore, different systems have been put in place to assist parties in reaching a resolution without a lengthy trial before the court. One of the most common of these tools in contested child custody cases or divorces with minor children is mediation.
Mediation in child custody cases allows each party to present their case to a neutral, often experienced family law attorney who serves as the mediator. During and after mediation, the mediator will share their opinion on what they believe is likely to happen if the case goes to trial.
The mediator will clarify the law and how it applies to your case and propose possible solutions. Typically, the mediator suggests a compromise that balances what each party wants, seeking a middle ground both can agree on. An agreement reached through mediation offers more certainty than waiting for a court’s decision in a custody trial.
Mediation can be very helpful in a contested child custody case or divorce. An agreement from mediation can be enforced in court. If a party changes their mind and won’t finalize the agreement, your attorney can ask the court to enforce it. This can help you avoid the stress, emotional strain, and expense of a contested trial.
Child Custody Trial
If you and your spouse can’t agree during a divorce with children, the judge will schedule a trial. The judge is responsible for deciding any unresolved issues. However, if you both reach an agreement on certain matters, those issues won’t be part of the trial. The court will only decide on what’s still unresolved in your divorce or child custody case.
In Maryland, the family law court must consider certain factors in a contested child custody case, including during a divorce. Like most states, Maryland bases custody decisions on what is in the best interest of the child. While this standard may seem broad and overwhelming, it allows the court flexibility to ensure a fair decision. The goal is to find the legal and physical custody arrangement that is best for the children involved in the case.
Factors to determine the custody arrangement
The outcome of a contested child custody case is often unclear at the start. However, courts typically consider certain factors to determine the custody arrangement that best serves the children’s interests. Some of these factors include:
- The relationship between the children and each individual parent.
- The physical and mental health of each parent, and how any health issues might affect their ability to care for the children.
- Any history of spousal or child abuse, including past abusive behaviors.
- The criminal history, substance abuse history, and other potentially harmful habits of each parent.
- Each parent’s ability to meet their children’s needs, including financial stability, home environment, safety, and decision-making capability.
When the court believes the children are mature enough, it may ask them where they prefer to live. However, how much the court considers their preference depends on the judge’s willingness to listen and the child’s age.
In Maryland, the court must consider the preference of any child aged 12 and above. However, the court is not required to follow the child’s choice. Before considering the child’s preference, the court will assess whether the child is making an informed and intelligent decision.
The Child Custody Order
After a contested child custody or divorce trial involving children, the judge will issue a binding custody order. This order will determine both legal and physical custody, including a schedule for when the children will be with each parent. Although this order is final in district court. A parent can appeal to a higher court to review and possibly change the decision on custody or other issues.
Once the court decides custody, both parents must follow the court’s order. In Maryland, after six months, a parent can request a change in custody if there has been a significant change in circumstances. It’s important to know that this is a tough standard to meet. You can’t just claim to be the better parent. Something major must have changed since the first custody order. That’s why it’s crucial to work towards getting the best legal and physical custody arrangement for you and your children from the start.
Your Next Steps
If you are going through a divorce or a child custody dispute. It’s important to understand your options and the laws that apply. We hope this guide on the child custody process in Maryland has helped answer your questions. For more information, please explore other pages on our website. At Divorce With A Plan, we share this information because we care deeply about families facing divorce with children.