NOTICE: None of these questions and answers constitute legal advice. To obtain legal advice, consult with an attorney. This is especially important in divorce and family law matters, in which outcomes are often peculiar to the particular facts and circumstances of the case.
Remember, no list of factors can be complete, because of the unique character of each case. That said, here is a list complied from Maryland cases: (1) Fitness of parents; (2) Character and reputation of parties: (3) Desire of parents and agreements between parties; (4) Potentiality of maintaining natural family relations; (5) Preference of the child; (6) Material opportunities affecting the future life of the child; (7) Age, health and sex of the child; (8) Residences of the parents and opportunities for visitation, or geographic proximity of parental homes; (9) Length of the child’s separation from parent; (10) Prior voluntary abandonment or surrender, (11) If abuse or neglect are likely to occur if custody or visitation rights are granted to a party.
More factors, especially important when considering joint custody, can include: (1) Capacity of parents to communicate and reach shared decisions affecting child’s welfare; (2) Willingness of parents to share custody; (3) Relationship between child and each parent; (4) Potential disruption of child’s social and school life; (5) Demands of parental employment; (6) Sincerity of parent’s request; (7) Financial status of parents; (8) Benefit to parents.
Tie-breaker authority can be granted when the parties are awarded joint legal custody of the minor children. The parties would have joint legal custody of the minor children, however, the party with tie-breaker authority would have the final say on legal decisions regarding the minor children in the event of a dispute between the parties. The Court may award a party general tie-breaker authority, or tie-breaker authority on a specific subject matter such as education or medical decisions. However, the party with tie-breaker authority still has the obligation to discuss legal decisions with the other party before making a decision on behalf of the children.
Yes, a third party can seek custody of a minor child by either (1) proving de facto parenthood status; or (2) proving that the legal parents are unfit or exceptional circumstances exist.
To claim de facto parenthood status, you must meet the following factors:
(1) the legal parent must consent to and foster the relationship between you and the child;
(2) you must have lived with the child;
(3) you must perform parental functions for the child to a significant degree, including contributing financially to the child’s support; and
(4) a parent-child bond must be forged.
