When is divorce mediation not recommended?
How to get full custody in Maryland
Family law courts will award sole legal and physical child custody in Maryland only if it is demonstrated to be in the best interests of the child. When a parent is seeking full custody of a child in Maryland, they are filing for sole legal and physical custody of the child. This means that one parent has exclusive responsibility for making all decisions about raising the child (healthcare, religious upbringing, where the child goes to school, etc.) and that the child lives with them full-time.
An experienced Howard County child custody lawyer can help you file the initial custody complaint and help obtain legal decision-making authority and parenting time. Although Maryland updated its custody terminology in 2023, many parents still use the term ‘full custody’ to describe seeking both primary parenting time and full decision-making authority.
Preparing your petition for full custody
Although family law Judges make decisions about the child with their best interests in mind, they can only make a custody decision with the information they have before them. Your attorney can help you gather appropriate documentation showing why you’re the best choice, then use your records and other documents to build a compelling argument for the Judge, demonstrating why you having full custody is best for your child.
Key documents required in Maryland child custody cases
Parents petitioning for full custody must prove to the Court that they are actively involved in their child’s life, that they can provide a stable and safe home, and that they are capable of fulfilling the child’s physical, emotional, and psychological needs.
Your lawyer will build your case using:
- Medical records showing you have regularly taken your child to the doctor and dentist
- School records, such as signed forms from parent-teacher conferences, showing that you enrolled your child in school and that you are involved with their education
- Photos and videos showing you participating in activities with your child and attending their sports games, plays, and other extracurricular activities
- Character references attesting to your good character and reputation
- Financial statements showing you are fiscally capable of providing for your child
- A lease agreement or mortgage showing that you have stable housing
- Any criminal records of your ex that would substantiate that they pose a danger to your child, or could be a dangerous influence on them
- Your own medical records, which may be required if the child’s other parent tries to claim that your chronic medical condition makes you unable to care for the child
These may not be the only documents your lawyer requires, but it’s good to start collecting them as soon as possible. If there is anything your ex may bring up to contest your petition for full custody, tell your lawyer right away so they can draft effective counterarguments.
Once you file your petition, the child’s other parent has 30 days to respond (60 days if they live out of state). If they fail to respond, the Court may issue a default judgment in your favor. Otherwise, the Judge will schedule a hearing on the matter.
What do Maryland Judges consider when awarding full custody of a child?
A judge considers several factors when deciding what is in a child’s best interest, including:
- The age and health of each parent
- Where each parent lives (including proximity to the school and each other)
- Each parent’s ability to meet their child’s needs
- The child’s relationship with each parent
Generally, family law Courts favor shared custody, as maintaining a strong, consistent relationship with each parent is considered in a child’s best interest. Sole custody is awarded only if there is a clear, compelling reason to not offer custody, such as:
- One parent’s history of substance abuse and refusal to get help for an addiction
- Criminal conviction or incarceration of one parent for a substantial length of time
- One parent is found unfit to care for the child
- Abandonment or consistent non-involvement in the child’s life
- History of domestic violence and/ or abuse of one parent
- One parent is unable to provide for the fundamental material needs of a child, including stable housing
Each case is unique; a Court will evaluate the specific factors of your case before rendering its decision.
How a family law attorney can help you get sole custody
Although Maryland family law Courts grant custody based on the best interests of the child, they base their decisions on the information before them. Our experienced family law attorney, Mr. Coover, can develop a compelling argument for sole custody of your child. We know how much your child means to you, and how worried you must be to seek sole custody. We have the resources and experience necessary to draft the right arguments for a full custody order. Contact us online at Coover Law Firm, LLC today or call (410) 553-5042 for a consultation.
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