How Many Overnights Is Joint Custody?

A common question is, “How many overnights equals joint custody?” However, this is a bit of a misunderstanding. Joint custody typically refers to legal custody, which is the right to make major decisions about your child’s life, like education and healthcare. The number of overnights doesn’t affect legal custody. Both parents have legal custody automatically unless a court orders otherwise.

Legal custody vs. physical custody

Legal custody can be either:

  • Sole legal custody – One parent makes all the decisions.
  • Joint legal custody – Both parents share decision-making.

The number of overnights is relevant when discussing physical custody, or where the child primarily lives.

Shared physical custody and child support

In Maryland, shared physical custody means the child spends more than 127 overnights (35% of the year) with each parent. The number of overnights affects child support; if a parent has the child for more than 117 overnights per year, their child support obligation usually decreases. This is covered under the Maryland Child Support Guidelines and calculated through the Maryland Child Support Guidelines Worksheet.

  • MD Code, Family Law § 12-204: This statute outlines how child support is determined in Maryland, factoring in the number of overnights each parent has with the child.
  • MD Code, Family Law § 12-202: This provides the framework for determining shared physical custody and child support calculations based on the number of overnights.

Why overnights matter for child support

More overnights can reduce the amount of child support a parent must pay. This is because the paying parent spends more time caring for the child, lowering their financial responsibility.

For more details on calculating child support in Maryland, visit the Maryland Child Support Guidelines.

If you’re in need of a Howard County family lawyer, reach out today

If you’re dealing with child custody concerns in Howard County and need expert guidance, reach out to Coover Law, LLC for a consultation. We’ll help you understand Maryland’s child custody laws and work with you to achieve a fair and equitable resolution.

Click here to learn more about how to calculate child support in Maryland.