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Who Has Custody of a Child if There Is No Court Order?

Q: Who has custody of a child if there is no court order?

This one is simple: whichever parent physically has the child with them at that moment. You possess a child because he or she is your child; the concept of custody is something that exists in the law. So, if you don’t live with the child’s other parent, and there is no court order, there is no “custody.” You both have it. Or, more appropriately, neither of you have it.

When parents separate or divorce, one of the most important concerns is child custody. If there is no court order in place, you may wonder who has custody of the child. At Coover Law, LLC, our Howard county child custody lawyers understand how emotionally challenging these situations can be, and we’re here to provide clarity on child custody when no formal legal decision has been made.

Legal framework for child custody in Maryland

In Maryland, the law doesn’t automatically grant sole custody to one parent simply because there is no court order. Instead, both parents have equal rights to custody of their child unless a court decides otherwise. Under MD Code, Family Law § 9-101, both parents typically share “joint legal custody,” which means they both have the right to make important decisions about their child’s upbringing—such as education, healthcare, and religious upbringing.

If the child lives primarily with one parent, that parent may have “primary physical custody,” while the other parent may have visitation rights or “secondary physical custody.” However, these arrangements are informal until a court order is issued, which can create uncertainty.

What happens if there is no court order?

Without a formal court order, both parents have the right to see their child and make decisions regarding their care. This means that unless one parent has sole physical custody, both parents are legally entitled to custody and visitation. In practical terms, however, this can lead to conflicts if parents disagree on where the child should live or when each parent should have visitation.

If one parent tries to prevent the other from seeing the child or making decisions on the child’s behalf, this can lead to legal disputes. In these situations, the parent seeking to establish their custody rights would typically need to file a petition with the court to clarify custody and visitation arrangements. Until a court order is in place, there’s no legal structure governing these decisions, which can cause confusion and conflict.

Why should you seek a court order?

Although both parents may have equal rights in the absence of a court order, a formal child custody arrangement can help prevent future disputes. At Coover Law, LLC, we recommend that parents seek a legal resolution through the court to establish clear and enforceable terms for custody and visitation. This can provide peace of mind and ensure the child’s best interests are prioritized.

If you’re facing custody issues and need guidance, contact Coover Law, LLC for a consultation. We’ll help you navigate Maryland’s child custody laws and work toward a fair and balanced resolution.