Child custody is the legal guardianship over a child, which consists of physical custody and legal custody. The court of the state Maryland may award the parents joint custody or award a single parent sole custody, depending on the best interest of the child. The state of Maryland does not allow the child to express his or her desires of who the child wants to reside with. However, a child 16 years old of age is able to file a petition with the court to change custody.
The parents are free to agree on a custody plan regarding their child, however, if the parents are unable to come with a mutual agreement, a petition is filed with the court to decide upon the guardianship matters.
A custody agreement will legally conclude the following:
- Where the child will reside.
- Who is involved to make parental decisions.
- The visitation schedule regarding the noncustodial parent and involved relatives.
There are various factors that the court takes in consideration before a custody agreement is made. These include the following:
- The child’s relationship with his or her siblings.
- The required consistency and continuity in the juvenile’s education.
- Each parents motive to take care of the juvenile’s well-being and safety.
- Each parents mental and physical condition.
- The parent’s age.
- The juvenile’s age.
- The juvenile’s physical and mental condition.
- The tendency of each caretaker to provide the juvenile with constant, nurturing, loving relationship.
- The juvenile’s preference and desires.
- Where each caretaker resides.
- Each caretaker’s history of abuse.
Regardless of the factors involved, the Circuit Court of MD, always rules in the best interest of the minor.
In Maryland, The Circuit Courts usually handles minor guardianship cases, it is where the case will be filed and heard by a judge.
Child custody cases can be filed in Maryland only if:
- The minor is residing in Maryland and the caretaker has adequate interaction with the state.
- The minor has lived in Maryland for the last six.
- The caretakerparent filing for guardianship is resuming to live in Maryland.
- The minor and one of the caretakers have plenty of connection with Maryland and the there is prove to present to the court.
- The minor is physically present in the state of Maryland and has been abandoned or is in need of emergency protection, meaning that the minor has been threatened or abused.
Parents can also agree on shared physical care and legal care, for instance, the minor can reside in one house and the caretakers can have turns in living with their minor in the house. This helps the minor emotionally, as he or she can live and grow up in one house without having to move to one house to another.
If the parents are unable to come to an agreement regarding the guardianship of the minor, the caretakers can go through mediation. A mediator specializes in helping the parents to come to a lasting mutual agreement. A mediator can also be helpful in situations such as marital property disagreement between people who are seeking a divorce or separation.
If you need a Maryland child custody lawyer to help you with your minor guardianship case in Maryland, call us at 888-437-7747. Our Maryland child custody attorneys can help you. B