What are the Common Factors in Child Custody in Maryland?

Home/Resources/Blog/What are the Common Factors in Child Custody in Maryland?

parent holding child's hand

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

Physical Custody

Physical custody is where the child lives. A parent having physical custody has the right to have the child live with him or her at certain times. Physical custody includes the right to have the child live with the parent, and the obligation to provide a home for the child. Physical custody includes the right to make the day-to-day decisions required during the time the child is with the parent having such custody.  

There are two types of physical custody: sole (or primary) physical custody and shared (or joint) physical custody. A parent has sole physical custody when the child lives primarily with that parent and lives with the other parent less than 92 overnights during the year. When one parent has sole physical custody of the child, the other parent usually has access or visitation rights with the child. An example of sole physical custody is when the child lives primarily with one parent and visits with the noncustodial parent every other weekend. A parent having access or visitation rights has the right to make the day-to-day decisions required during the time the child is with the parent having such access.

Shared (or joint) physical custody means that both parents have the child at least 92 overnights per year. 50/50 physical custody is when both parents have the child for equal amounts of time.  There are several variations of a 50/50 schedule. For example, week-on/week-off is where one parent has the child one week and the other parent has the child the following week. Another example is 5/2/2/5 where a parent has the child overnight on Monday and Tuesday, the other parent has the child overnight on Wednesday and Thursday, and then the parents alternate the weekends from Friday afternoon until Monday morning.

Legal Custody

Legal custody is the right and obligation to make long-range decisions involving education, religious upbringing, medical care, and other matters of major significance concerning the child’s life and welfare. There are also two types of legal custody: sole (or primary) legal custody and shared (or joint) legal custody. Sole (or primary) legal custody is when only one parent has the right to make the decisions regarding the child. Joint (or shared) legal custody is where both parents have the right to make decisions regarding the child. A variation of joint legal custody is where the parents have joint legal custody, but one parent has tie-breaking authority in the event of a dispute.

Factors Considered in Awarding Child Custody

The overall goal in any child custody case is to determine what is in the best interests of the child. In looking at the best interest of the child, the court considers various factors. The best interest of the child is not considered as one of many factors, but as the objective to which virtually all other factors speak.

Because each custody case is unique, no list of factors can be complete. However, here is a list of factors compiled from Maryland custody cases that pertain to physical custody: 

  1. Fitness of parents. A court may consider if either party has any physical or mental infirmity that affects their ability to parent. The court will also consider the roles of each parent in caring for the child during the child’s life and the history of the parent caring for the child. 
  2. Character and reputation of parties. The court may consider whether a parent has ever been arrested or has some character trait that would affect the parent’s ability to care for the child. 
  3. Desire of parents and agreements between parties. The court may consider whether there are any agreements between the parents regarding custody or access. 
  4. Potentiality of maintaining natural family relations. The court may consider whether there are other family relationships, such as step-siblings or grandparents, that are important to a child. 
  5. Preference of the child. If the child has sufficient capacity to make and express a preference, the court may consider the child’s preference. 
  6. Material opportunities affecting the future life of the child. The court may consider the economic and financial positions of the parties. 
  7. Age, health, and sex of the child. 
  8. Residences of the parents and opportunities for visitation, or geographic proximity of parental homes. The court may consider the distance between the parties’ residences. 
  9. Length of child’s separation from parent. The court may consider any separation between the child and the parent. 
  10. Prior voluntary abandonment or surrender. The court may consider whether or not a parent has ever deserted or abandoned the child.

For legal custody, courts consider the following factors (some of which may overlap the physical custody factors), including:  

  1. Capacity of parents to communicate and to reach shared decisions affecting child’s welfare. The court will look at whether or not the parties have the ability to communicate with each other and to reach shared decisions regarding the child. The court may consider the history of decision-making between the parties. 
  2. Willingness of parents to share custody. The court will consider whether or not the parents are willing to work with each other. 
  3. Fitness of parents.  
  4. Relationship between the child and each parent. The court will look at the relationship between each party and the child.
  5. Preference of the child.  
  6. Potential disruption to a child’s social and school life. The court may consider whether or not an award of joint custody will cause any disruption to the child’s social or school life.  
  7. Geographic proximity of parents’ homes.  
  8. Demands of parental employment. The court may consider whether the parent’s employment makes the parent unavailable to the child. 
  9. Age and number of children.
  10. Sincerity of the parents’ request. The court may examine the sincerity of each parent’s request for joint custody. 
  11. Financial status of parents.
  12. Impact of assistance. The court may consider whether an award of joint custody may impact any federal or state assistance received by the child. 
  13. Benefit to parents. The court may also consider any other factor that the court thinks is important.

Legal and Physical Custody

Determining legal and physical custody of a child is one of the most important obligations that a court has in the event that the child’s parents are unable to reach a decision between themselves. The most important factor in child custody is determining what is in the best interest of the child. Although the court may consider many different elements, determining the best interest is the ultimate goal in any custody case. 

Do you need help navigating how child custody is determined in Maryland? Here at Meiselman, Helfant & Wills we will answer your questions and guide you through this process. Contact us today!

Have Questions? We have answers.

The lawyers at Meiselman Helfant & Wills, LLC, are experienced Maryland divorce and family lawyers.

Frequently Asked Questions

Quote Icon

Testimonials

Thank you for representing me and for all your hard work in getting the judgment RIGHT for my family and me since day one. Because of your thorough work, my children and I have enjoyed a harmonious and peaceful twelve years after the divorce and still going. You cared about us and made sure all conflicts were resolved correctly at the beginning. I cannot thank you enough for your outstanding work. I am one of your most satisfied clients.

Nogah helped me with a very difficult divorce and child custody case. The custody case was made even more difficult by wrongful restraining orders against me by the other party, which were masterfully defended by Nogah, leading to their dismissal. She stays on top of all the issues and is very responsive to emails and phone calls. I totally relied on her advice and experience, even when things looked hopeless. It paid off. The end result was a favorable verdict of child custody for me. I highly recommend Nogah. I was fortunate to have her represent me!

Highly recommend Vince Wills and Morgan Appel. Their knowledge of MD family law and the guidance they provided was invaluable. Vince made sure that i understood the legal process and was comfortable with my decisions. He is well respected among his colleagues and Montgomery County circuit court Judges. Vince is especially strong in advising on cases that are financially involved. I felt that Vince and Morgan definitely put my best interest first and were always quick to respond to my concerns/questions. In addition, the staff and other attorneys of the firm would collaborated on my case, which made me feel even more confident that I had chosen the right representation. Vince and Morgan are an excellent team and I was very pleased with their services.

Divorce is miserable. Vince was someone I could trust, which is invaluable when navigating the confusing terrain of settlement agreements, court dates, and opposing attorneys. I felt confident that Vince made recommendations in my best interests and those of my young daughter. He was willing to fight for me and I had the impression he (a) was well-known and well-respected in the industry and (b) personally cared about the outcome of my divorce. Vince was both professional and caring. He picked up the phone when I called or returned my calls right away. He was responsive to email. His invoices were clear and fair. I do not recommend divorce but, if you are in that boat, Vince is a great person to have on your side. Highly recommended.

Ms. Helfant worked with me to get unpaid child support payments due to me from an earlier period, as well as increased payments due to a large increase in my ex-husband’s income. Ms. Helfant was skillful, kind, reassuring, and responsive. She kept me apprised of the steps in this lengthy, but ultimately successful legal process.

I feel very fortunate to have Neal Meiselman and Nogah Helfant as my lawyers in my divorce case. They both are the best ever! They are both so kind and understanding and really know their laws. They advocated for me till the last minute covering every corner. They were always so well prepared and the PERFECTION of the motions they filed, the timing of the filings, and the laws they sited. They are exceptional attorneys and always very well prepared. I am proud to say they were my lawyers.

Neal Meiselman and Morgan Appel provide first-rate advice and advocacy that can be trusted in the most challenging family law matter. Their knowledge of the law and almost more importantly the way the courts actually work is invaluable. They helped me consider the risks and chart a path forward for me to attain my goals. They are insightful, empathetic, understanding, and never judgmental. I always felt comfortable discussing anything with them — and that is how lawyers should be.

Meiselman Helfant & Wills provides trusted services and support for all family law matters.

Family law matters can seem overwhelming. We’re here to provide you with assistance, advice, and representation you need to help you get the fair outcome you deserve.

We provide trusted legal services in all areas of family law, including domestic abuse, separation agreements, alimony, division of marital assets, divorce, and all areas of child custody, visitation, and support.