Frequently Asked Maryland Child Custody Questions Montgomery Lawyer

What is child custody?

It is the term used to refer to both legal care and physical care of a child.

What are the types of child custody in Maryland?

  • Legal custody: where the caretaker has the legal right to make decisions regarding the child’s education, religion, medical care, and more related maters to the well being of the child.
  • Sole legal custody: the caretaker is granted full care to when a caretaker, this usually results when the other caretaker is incapable of taking care of the child and his or her welfare. The caretaker can take decisions regarding the child without consulting the other caretaker.
  • Joint legal custody: the caretakers share the decision making regarding their child and come up with a mutual agreement concerning their kiddie.
  • Physical custody: the caretaker has the juvenile residing with him or her and is able to make daily decisions of the child.
  • Joint physical custody: the caretakers have an equal amount of time with their juvenile; the juvenile switches houses every now and then.
  • Split custody: each caretaker gets guardianship of a juvenile in situations where the caretakers gave more than one kiddie.

How do Maryland courts decide which parent gets primary physical custody?

The courts in the state of Maryland decide guardianship based on the best interest of the minor. There is no specific rule that the courts in Maryland go with as the circumstance may differ from on case to the other, but the judges consider a number of factors to determine who gets primary physical care of the minor. These factors include the following:

  • The fitness of each caretaker.
  • The personality and reputation of each parent.
  • The willingness of each parent to encourage the minor to be in continues touch with the other parent.
  • The wishes of the minor, depending on the age and the capability of the minor.
  • The motive of the parents to come to agreements regarding their minor’s well being.
  • The residence of each parent.
  • The ability of each parent to provide for the welfare of the minor.
  • The financial status of each parent.
  • The minor’s age.
  • The parent’s age.
  • The mental and physical capability of each parent.
  • Any history of abuse or neglect.

Does the mother of the child have a higher chance to become the primary custodial parent in Maryland?

No, the court does not automatically grant the mother of the minor primary guardianship. Both the guardians have equal rights to be granted primary guardianship. The court decides guardianship based on the minor’s best interest and no the gender of the parents.

Can I change my current child custody order in Maryland?

Yes, a guardianship order is not permanent and can be altered. For a guardian or a related party to request a change in an already existing order, the party must present the judge with reasons of why he or she is requesting an alteration and the change in the circumstance that resulted in the change in the guardianship order.

If you need a Maryland minor guardianship 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. C

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