How to Navigate Child Custody Laws in Maryland

Divorce is more than just the separation of two people. It involves a laundry list of factors, the most important of which is often child custody. Deciding what is best for your child can become a highly emotional and sensitive matter, but Maryland has specific laws designed to prioritize the welfare of children. Whether you’re considering divorce or have already started proceedings, having a family law attorney on your side is a good idea. The team at the Law Office of Kent L. Greenberg can help you navigate child custody, even if the issue becomes contentious. Here’s what Owings Mills, MD residents should know about child custody laws.

The Legal Responsibilities of Child Custody

Child custody, in essence, is the legal responsibility and right parents have in making decisions about their child’s upbringing. The goal in all custody cases is to serve the child’s best interests. Maryland family law heavily leans on this concept to ensure every child’s emotional, educational, and physical needs are met while maintaining a strong relationship with both parents.

Understanding the Types of Child Custody

Maryland recognizes two types of child custody. Understanding this part of family law can help you make informed decisions throughout your divorce. Here are the basics of each type of child custody:

Physical Custody

This refers to the right of a parent to have a child live in their home. In some scenarios, joint physical custody is granted, in which both parents have physical custody. Other times, one parent may be granted sole physical custody, while the other retains visitation rights. You and your co-parent can develop a visitation schedule and submit it to the court, or the court can outline a parenting plan if no agreement can be reached.

Legal Custody

The parent with legal custody is the one who has decision-making authority when it comes to the child. Schooling, religious education and upbringing, and medical care can all be determined by this parent. In most cases, joint legal custody is preferred unless there are extenuating circumstances, such as intentional lack of communication, an abusive relationship, or drug and alcohol addiction.

What Influences Child Custody Determinations?

In general, family law says that courts should decide child custody according to the child’s best interests. But how are these interests determined? The court will evaluate several factors, including the following, when deciding child custody:

• The child’s age, health, and individual needs.
• Each parent’s fitness and ability to provide a stable environment.
• The existing relationship between the child and each parent.
• The geographical location of the parents.
• Evidence of abuse, neglect, or substance abuse history.
• The child’s preferences.
• Each parent’s willingness to support the child’s relationship with the other parent.

What Are the Steps to a Child Custody Proceeding?

Beginning the child custody process may feel daunting, especially when you’ve never dealt with family law before. Here’s where child custody lawyers come in. At the Law Office of Kent L. Greenberg, we can help you streamline the proceedings and take some stress off your plate. Here’s a general guide to how child custody proceedings work:

1. File a Petition—The first step to deciding child custody is to file a petition with the family court. Our legal team can help you square away the paperwork.
2. Mediation—Next comes the mediation period. This gives both parents the opportunity to negotiate and reach an agreement without litigation.
3. Custody Evaluation—In some cases, a court-appointed evaluator may assess each parent’s home, relationship with the child, and ability to meet the child’s needs. From there, they will provide a recommendation to the court.
4. Court Hearings—If mediation and evaluations don’t lead to a resolution, the case proceeds to a hearing. Both parents present evidence, call witnesses, and argue for the custody arrangement they believe is appropriate.
5. Court Decision—After the hearing is complete, the judge will deliver a custody order based on what they believe to be the child’s best interests. This order is legally binding, but it can be modified later if circumstances significantly change.

Taking on Challenges in Child Custody Cases

It’s no surprise that deciding who gets custody of a child is an emotional process. Because of the strong emotions and legal complexities involved, you need a child custody law firm to help you navigate them. The team at the Law Office of Kent L. Greenberg will be at your side through these challenges, among others:

• Parental Disagreements—Many divorce cases stem from deep conflicts between parents. This often leads to serious disagreements between parents about what constitutes the child’s best interests.
• Lack of Cooperation—If one parent refuses to communicate or compromise, it can halt any progress toward reaching an agreement.
• Relocation—When one parent plans to move far away, it can complicate custody arrangements and visitation schedules.
• Allegations of Misconduct—Accusations of abuse, neglect, or other misconduct may escalate the case and require more evidence than a typical family law matter.

Protect Your Custody Rights with Our Team

Child custody is one of the most sensitive aspects of a divorce. If you’re facing this situation, it’s important to fully understand your legal rights and responsibilities while focusing on what’s best for your child. At the Law Office of Kent L. Greenberg, we can help you do just that. Our child custody lawyers serve families in Owings Mills, MD and the surrounding areas with top-notch family law counsel. Contact us to set up your consultation today.