Maryland Custody and Visitation

Maryland Courts have the equitable power to resolve custody disputes between parents of children when the parents cannot agree on issues of custody and visitation. In determining issues of custody and visitation, the Courts must determine what is in the best interests of the children. The “best interests” standard guides judges in their decision-making. What is in a child’s best interests is determined on a case-by-case basis.

There are two types of custody in Maryland: legal and physical.

Legal Custody

Legal custody is the right to participate in major decisions for the children, including issues involving education, religion, medical care and other matters involving the general welfare of the children. As a general rule, courts prefer for both parents to be involved in the decision-making process for their children and favor joint legal custody over awarding sole legal custody to one parent. However, when the parents cannot communicate about issues involving the children, courts will award sole legal custody to one parent.

Physical Custody

Physical custody involves the issue of which parent has actual physical custody of the children. If both parents have the children for more than 128 nights a year, they are considered to have “shared” or “joint physical custody” of the children. If only one parent has the children for more than 128 nights per year, that parent is considered to have “primary physical custody” of the children. When a parent does not have primary or shared custody of the children, he or she is entitled to have “reasonable rights of visitation” with their children.

Mediation

Custody disputes are often the most contentious, and expensive, issues in divorce litigation. The Courts will generally order parents to attend mediation in an effort to resolve custody disputes.

Maryland Custody Attorneys

If you are interested in having Stern & Associates represent you in a child custody proceeding, call our offices today at 1-800-DIVORCE (from the Washington, D.C. area) or 301-444-4660. We would be happy to discuss your case with you.

Stern & Associates is a family law firm that represents individuals in divorce and family law cases throughout Maryland including cases in Montgomery, Howard, Frederick and Prince George’s Counties.