How is custody determined in Maryland?
Navigating child custody proceedings can be one of the most challenging aspects of a divorce or separation. In Maryland, custody decisions are made based on the best interest of the child, a standard that considers various factors to ensure the child’s health, safety, and happiness.
This guide, prepared by the Howard County child custody lawyers at Coover Law Firm, LLC, delves into how custody is determined in Maryland, including specifics on joint custody arrangements and whether a jury determines custody trials.
How is custody determined in Maryland?
Key factors considered
In Maryland, custody is determined based on several factors aimed at protecting the child’s best interests. These factors include, but are not limited to:
- The ability of the parents to communicate and to reach shared decisions affecting the child’s welfare.
- The willingness of each parent to share custody.
- The fitness of each parent.
- The child’s relationship with each parent.
- The potential disruption of the child’s social and school life.
- The geographic proximity of the parental homes.
- The demands of parental employment.
- The age and number of children.
- The sincerity of each parent’s request.
- The financial status of the parents.
- The impact on State or Federal assistance.
- The benefit to the parents.
Maryland Courts do not favor either mother or father; they look at what will best serve the child’s needs and development.
Legal and physical custody
Maryland distinguishes between two types of custody:
- Legal custody: The right to make significant decisions about the child’s life, such as education, healthcare, and religious training.
- Physical custody: Relates to where the child lives on a day-to-day basis and the logistics of daily child care.
How is joint custody determined in Maryland?
Joint custody can be joint legal custody, joint physical custody, or both. It is determined using the same best interest standard and requires demonstrating that the arrangement benefits the child’s physical and emotional needs. Parents opting for joint custody must prove their ability to communicate effectively and make decisions together regarding their child’s upbringing.
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Are custody trials determined by jury in Maryland?
In Maryland, custody decisions are not determined by a jury. Custody trials are heard by a Judge in what is known as a bench trial. The Judge examines all evidence, hears testimonies, and makes a ruling based on the child’s best interests. This judicial approach is considered more appropriate in handling the sensitive and complex issues typically present in custody cases.
Legal assistance from Coover Law Firm, LLC
Given the complexity of custody laws in Maryland and the high stakes of custody proceedings, securing experienced legal representation is crucial. Coover Law Firm, LLC specializes in Maryland family law and can provide expert guidance through the custody determination process. Our attorneys can help you understand your rights and obligations, represent you during Court proceedings, and work toward a custody arrangement that serves your child’s best interests.
We help parents maintain strong, healthy relationships with their children
Whether you are considering joint custody or are curious about the judicial process involving custody decisions, it is important to approach these matters with a clear understanding of the law and a strategy that prioritizes your child’s well-being.
For more information or to seek legal representation, contact us online or call (410) 553-5042. Our experienced team is ready to assist you in navigating these challenging legal waters and achieving an outcome that protects your child’s future.