Frequently Asked Questions about Maryland Child Custody

The well-being of your children is of paramount concern to you. When the custody of your children is at issue, you have questions about everything, especially how courts in Maryland will decide your child custody dispute. Below are answers to some of the custody questions we hear most frequently at the Law Office of Shelly M. Ingram.

What is child custody?

In Maryland, child custody is a blanket term that includes "legal custody," which has to do with decision making for a child, and "physical custody," which has to do with where a child actually lives.

What is the difference between legal custody and physical custody?

Legal custody has to do with the way parents make decisions about a child's education, religious training, discipline, medical care, and any other important matters that might effect a child's general well-being. Physical custody is more straightforward and has to do with the physical care of a child; where the child will live and sleep.

Is it easier for mothers to get custody than it is for fathers?

The law does not favor mothers over fathers. The court applies the same gender-neutral factors in all child custody cases.

How is custody determined?

The court applies the "best interests of the child" standard when making custody decisions, and must consider the following factors: The "fitness" of the parents to have custody. The character and reputation of the parties. The desire of the natural parents and any agreements between them. The ability to maintain natural family relations. The preference of the child -- when the child is of sufficient age and capacity to form a rational judgment. Material opportunities affecting the future life of the child. The age, health, sex of the child. The suitability of the residences of the parents, and whether the non-custodial parent will have the opportunity to visit. How long the child has been separated for the parent who is seeking custody. The effect of any prior voluntary abandonment or surrender of custody of a child.

How do Maryland courts decide if joint custody is appropriate?

In joint custody cases, Maryland courts apply the following additional factors to determine if joint custody is in a child's best interest: Willingness of each parent to share custody. Psychological and physical "fitness" of each parent. Strength of relationship of child to each parent. Potential disruption of shared physical custody upon a child's social and school life. Geographic proximity of the parents' homes. Demands of parents employment Age and number of children involved. Sincerity (motivation) of parent's requests. Financial status of parents. Impact on state or federal assistance. Benefit to parents. Other factors, as appropriate on a case-by-case basis.

Can child custody be modified?

Child custody can always be modified based upon a change in circumstances and the best interests of the child.

The answers to these questions are general in nature and are not intended to create an attorney-client relationship or to replace specific legal advice. We invite you to contact our office at (301) 658-7354 to schedule a consultation, so that we can learn about the facts of your case and respond to the particulars of your unique situation.

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Shelly has devoted her legal career to family matters both in and out of the courtroom. As a child of divorce and a person who has been divorced herself, Shelly understands the uncertainty and frustrations of custody and divorce... Read More