Guide to Child Custody in Maryland: What Parents Need to Know

Understanding child custody in Maryland can be confusing and stressful, especially when emotions are involved. As a parent, your biggest concern is making sure your child is safe, happy, and cared for, but legal decisions can feel complicated. If you are going through a separation or divorce, you may worry about how custody will be decided and what your rights are as a parent. Maryland child custody laws are designed to focus on what is best for the child, but every situation is different. Knowing how the process works can help you make the best decisions for your family’s future.

What Are the Types of Child Custody in Maryland?

In Maryland, there are two main types of custody: legal custody and physical custody.
Legal custody determines which parent has the authority to make important decisions for the child.
This includes choices about education, medical care, and religious upbringing.

Legal Custody

A parent with sole legal custody can make parenting decisions alone, while joint legal custody means both parents share responsibility for making important choices together. Joint legal custody with tie-breaker means both parents share responsibility for decision-making, with one parent having the final decision when impasses arise. Maryland courts often prefer joint legal custody when parents can cooperate because it allows both to be involved in their child’s life. Parents’ ability to communicate and reach shared decisions is an important consideration.

Physical Custody

Physical custody, on the other hand, refers to where the child lives and when they spend time with each parent. If one parent has sole physical custody, the child primarily lives with them, while the other parent may have scheduled visitation.

In joint physical custody arrangements, the child spends time with both parents. The schedule for joint custody can vary depending on the child’s needs, school schedules, and each parent's ability to provide care. Courts consider many factors when deciding on physical custody, always focusing on what is best for the child.

Parents may share both legal and physical custody, or one parent may have more responsibility than the other. Since every family situation is unique, Maryland courts determine custody based on what provides the child with stability and support.

How Do Courts Decide Child Custody in Maryland?

If parents cannot agree on a custody arrangement, the court will step in to make a decision.
Maryland courts always consider the child’s best interests first, looking at many different factors before deciding. One of the most important things a judge considers is the parent’s ability to put their child’s best interests first. Other key considerations are parental fitness and the relationship between each parent and the child. Courts look at past parenting responsibilities and how involved each parent has been in the child’s daily life, and who can provide a safe, stable and loving environment.

The court also examines each parent's ability to work together and communicate.
If one parent refuses to cooperate or has a history of interfering with the child’s relationship with the other parent, this can negatively impact their custody rights. Maryland courts believe it is important for children to have strong relationships with both parents whenever possible, so they encourage custody arrangements that support this goal, when parents are fit.

If there are concerns about safety, such as a history of abuse or substance use, the court will carefully evaluate the situation before making a decision. In these cases, supervised visitation or restrictions on custody may be put in place to protect the child.

Can a Child’s Preferences Be Considered in Deciding Custody?

In some cases, a child’s preference may be considered. If a child is old enough and mature enough to express their wishes, the court may take their opinion into account. However, the final decision will always be based on what is best for the child’s well-being.

What Is a Parenting Plan, and Why Is It Important?

A parenting plan is a written agreement that outlines how custody and visitation (also called parenting time) will work. It helps both parents understand their responsibilities and sets clear expectations for co-parenting. The plan can include details about the child’s daily schedule, holiday arrangements, decision-making responsibilities, and how conflicts will be resolved.

If parents can agree on a parenting plan, it can make the transition easier for everyone involved.
Courts often encourage parents to create a plan together because it allows them to find solutions that work best for their family. However, if parents cannot agree, the court will decide custody and issue a court order that focuses on the child’s best interests.

A well-structured parenting plan can reduce confusion and conflict between parents.
When both parents follow the plan, it provides the child with a sense of stability and security. By having a clear arrangement in place, parents can work together to create a positive and supportive environment for their child.

Can Custody Arrangements Be Changed?

Custody orders are not always permanent. As time passes, situations can change, and a parent may need to request a modification to an existing custody arrangement. A job relocation, change in a parent’s fitness or ability to care for a child, or change in a child’s needs could all be reasons to request a modification.

To change a custody order, a parent must prove that there has been a significant change in circumstances that affects the child’s well-being. Courts do not make modifications lightly, so the requesting parent must provide strong evidence that a change is necessary. If both parents agree on a modification, the process may be simpler. However, if one parent disagrees, the court will decide whether there is a significant change and if so, how what custody changes are in the child’s best interests.

Parents who are considering modifying a custody order should seek qualified legal guidance to understand their options. An experienced family law attorney can help present a strong case and ensure that any changes are fair and beneficial for the child.

How Does Mediation Help in Child Custody Cases?

Mediation is a process that allows parents to work together to resolve custody disputes without going to trial. In Maryland, courts may require parents to attend mediation before making a final custody decision. This process allows both parents to express their concerns and find solutions that benefit their child.

A trained mediator helps guide the conversation and ensures that both parents have a chance to share their views. Mediation can be a helpful tool for reducing conflict and finding a compromise.
When parents can reach an agreement through mediation, it often leads to a more cooperative co-parenting relationship in the future.

While mediation may not work for every situation, it can help parents avoid a long and stressful court battle. By focusing on communication and problem-solving, mediation allows parents to create a custody arrangement that works for their family.

Contact Lindsay Parvis Today to Learn More About Child Custody in Maryland

Maryland child custody laws can be confusing to figure out, but you do not have to handle it alone. Whether you are just beginning the custody process, need help creating a parenting plan, or are seeking a modification, having the right legal support is essential.

Lindsay Parvis is a dedicated family law attorney with over 20 years of experience helping parents with child custody matters. She understands that custody cases can be emotional and difficult, and she is committed to helping her clients find the best solutions for their families.

With her knowledge of Maryland child custody laws and her compassionate approach, she will guide you through each step of the process. If you need help with child custody Maryland cases, contact Lindsay today for a complimentary consultation. She will provide the legal advocacy and guidance you need to protect your child’s future.

You can also follow her for discussion, news, and developments in Maryland family law on LinkedIn, Facebook, and Instagram.