Maryland Child Custody Lawyer 

For parents who are getting a divorce or who have never been married, child custody is a primary concern. The thought of having a court decide where your child will live, and who will make important decisions for them, can be very stressful.

At the Law Office of Shelly M. Ingram, we guide parents through the challenging Maryland child custody process and help them navigate it in a way that is best for their children. To speak with a child custody lawyer, call us at (301) 658-7354 or contact us online.

Understanding Child Custody in Maryland

When we talk about child custody, we are really talking about two things:

• Legal custody, which refers to the authority to make important life decisions for the child, such as what medical care they will receive; where and how they will be educated; and what religious upbringing they will have.

• Physical custody, which refers to where the child lives, and which parent is responsible for their day-to-day care.

Most of the time, it is best for a child to have a strong relationship with both parents. Often, that is best achieved by having parents share custody so that they are both involved in their child’s life. Accordingly, Maryland courts may order:

• Joint legal custody, in which both parents share equally in making important decisions for their child.

• Shared physical custody, in which each parent has the child living with them for a substantial portion of the time (at least 25% of the year). Shared physical custody is also sometimes called “joint physical custody.” In this arrangement, the parents may not necessarily have exactly equal time with their child.

• Primary physical custody to one parent, with the other parent having visitation or regular access. The non-custodial parent may still have substantial time with the child that doesn’t meet the level of shared physical custody

Less commonly, the court may give one parent sole legal custody of a child. This is more likely when one parent is uninvolved, unfit, or has a history of domestic violence. Sole legal custody may also be granted when there is high conflict between parents and they cannot communicate effectively.

Sole physical custody is less common. In this arrangement, the child lives exclusively with one parent, with limited, possibly supervised, visitation for the other parent. Like sole legal custody, sole physical custody may be awarded when one parent has a history of domestic violence or is otherwise unfit.

Split physical custody means that in a family with multiple children, each parent has sole custody of one or more children. Split custody is rare because it is usually in children’s best interest to maintain the sibling bond by living together.

How Child Custody is Decided in Maryland

Maryland courts recognize that parents know their children best. Accordingly, if parents are able to reach an agreement on child custody, courts will generally approve that agreement so long as it is in the best interest of the child.

Even if parents are not able to agree on their own, they may be able to reach a mutually acceptable child custody arrangement with the help of a Maryland custody attorney, perhaps through an alternative dispute resolution (ADR) process such as mediation or collaborative law.

Of course, sometimes it is impossible, even with the help of divorce and custody attorneys, for parents to agree on their child’s custody arrangements. That is when the court needs to step in and make the decision.

Courts in Maryland decide child custody matters based on the “best interest of the child.” They consider factors such as:

• The fitness of the parents
• The age, health, and gender of the child
• Which parent is the child’s primary caregiver
• Each parent’s character and reputation
• Whether there is an existing custody agreement
• The ability of each parent to maintain the child’s family relationships
• Each parent’s financial capacity to provide for the child’s basic needs
• Whether either parent has previously abandoned the child or relinquished custody
• If applicable, how long a parent has been separated from the child
• Whether a parent holds religious views that would affect the child’s physical or emotional well-being
• Whether a parent has a disability that would affect the child’s best interests
• The child’s preference regarding custody

The court may also consider other factors that it deems relevant to the best interest of the child. Many of these “best interest factors” are subjective. The knowledge of an experienced Maryland custody attorney can be invaluable in presenting facts in a way that will be persuasive to the judge in your case.

Choosing a Maryland Custody Attorney

There are many custody attorneys in Maryland; the one you choose may have a profound impact on the progress and outcome of your custody case. Whether you are divorcing your child’s other parent, need to establish custody because you are not married to them, or need to modify or oppose modification of custody, your choice of attorney affects your child’s future, and your own.

It is essential to choose a child custody lawyer who has extensive experience in Maryland family law and regularly practices in your local courts. Although most custody matters settle, it’s best to work with a Maryland custody attorney who has litigation experience should your case need to go to trial.