Child Custody in Maryland
Are you feeling overwhelmed at the thought of a child custody case in Maryland?
social wellbeing. That’s why it’s important to approach this process with a legal strategy that’s both thoughtful and informed. From temporary orders to parenting plans, a qualified Maryland attorney can help protect your rights as a parent every step of the way.
If you’re ready to take the next step, we can help. Contact us to connect with a trusted child custody attorney in Maryland. The sooner you have legal support, the sooner you can focus on what matters most: building a stable future for your child.
What Is Child Custody?
In Maryland, child custody refers to the legal authority to make decisions about a child’s upbringing and the right to provide a primary residence. While some parents reach informal agreements, others may find themselves in court. If a judge steps in, the court will base its decision on what serves the best interest of the child, not what feels most fair to either parent.
Types of Child Custody Arrangements in Maryland
Custody in Maryland generally falls into one of three categories: joint custody, sole custody, or full custody. Joint custody allows both parents to share decision-making and physical time, while sole custody grants one parent both legal and physical authority. Full custody, often used interchangeably with sole custody, typically results in one parent having primary care and control.
All custody matters are handled by Maryland’s Circuit Courts, which are organized into eight Judicial Circuits and operate in every county and Baltimore City.
What Is Full Custody?
Full custody in Maryland gives one parent primary physical custody and most of the decision-making authority over the child’s life. That parent becomes the primary custodial figure, responsible for choices related to healthcare, schooling, and day-to-day welfare. In most cases, this also means the child lives with that parent the majority of the time.
Maryland courts do not favor one parent over the other based on gender. Instead, judges are required to base their decisions solely on what will best support the child’s well-being. Factors include the stability of each home, the emotional bond between parent and child, and each parent’s ability to provide consistent care.
Maryland law also prioritizes continuity in a child’s living arrangements. If you are seeking to change an existing custody order, you must show a material change in circumstances that directly affects the child’s well-being. Once a child turns 16, they can file a petition themselves requesting a change in custody.
Importantly, full custody does not automatically exclude the other parent from involvement. The non-custodial parent may still have regular visitation or parenting time, depending on what the court decides is appropriate. In some families, even after a full custody order is issued, both parents may continue to cooperate informally to maintain a shared parenting dynamic.
What Is Sole Custody?
Most people do not differentiate between one parent getting the overwhelming majority of the parenting time or rights and sole custody. However, it is important to note the possibility of some parents getting no parenting time or rights at all. The court will provide one parent with sole physical custody if the other parent is deemed an unfit parent.
In some cases, the court may go as far as to terminate the rights of the other parent. This may occur if the parent gets convicted of particular crimes that might endanger a child. An example is child abuse or inappropriate sexual conduct with a child.
What Is Joint Custody?
Joint custody describes the arrangement where both parents of the child split physical custody. When parents share equal custody, the child may spend a week or two on and off with either parent. Some families also practice “nesting”, where both parents move in and out of the child’s home when it is their turn to have custody.
The Maryland Courts may grant joint custody if they deem that to be in the best interests of the child. The judge will consider many factors, including the potential for maintaining natural family relations, where the parents live, and the opportunity for the child’s visitation.
The judge will also consider the length of the separation of the parents and whether either parent willingly gave up custody of the child. Any history of domestic violence is also deemed relevant.
In many joint custody arrangements, one parent may retain complete responsibility for any major decisions regarding the well-being of the child. Also, joint custody does not always mean an equal sharing of time. In most instances, one parent still retains primary custody.
The Factors Courts Consider When Making a Decision
In Maryland, full custody may be awarded when one parent is unable to meet the responsibilities of raising a child. This can happen when a parent is incarcerated, facing serious financial instability, or involved in behavior that could endanger the child’s well-being. In such cases, the court may determine that awarding full or sole custody to the other parent is in the child’s best interest.
More commonly, however, Maryland courts favor joint custody—an arrangement that encourages both parents to share the duties of raising their child. This requires a level of cooperation and communication that not all parents are able to maintain.
Every joint custody arrangement in Maryland must be tailored to the child’s unique needs. Parents must coordinate schedules, responsibilities, and sometimes even neutral exchange locations. In certain situations, the court may order supervised visitation or restrict custody exchanges to public places to ensure the safety and comfort of all involved.
The Basics of the Maryland Child Custody Process
Not every custody matter needs to end up in a courtroom. In Maryland, many families are able to develop parenting plans outside of formal litigation. But even in amicable splits, the support of a seasoned child custody attorney can make all the difference.
If mediation is ordered by the court, Maryland law gives parents the right to request a different mediator by filing a formal substitution within 15 days of the court’s referral. Mediation is typically limited to four hours—split into one or two sessions—with the possibility of an extension if the mediator believes additional time would be productive.
A skilled custody attorney can play a pivotal role in the mediation process. Whether they act as your advocate or as a neutral third-party, they help shape custody arrangements that reflect your child’s needs and your family’s future.
Work With an Experienced Maryland Child Custody Lawyer
A child custody dispute can test your patience, drain your energy, and leave you uncertain about what comes next. The good news is that you don’t have to face this alone. A Maryland child custody lawyer can walk you through each step of the process.
Connect with an experienced lawyer in your area today. We can even help you connect with an attorney across Maryland state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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