How Domestic Violence Affects Child Custody Maryland Montgomery Lawyer

In every child custody care, the court of Maryland must determine both the legal custody and the physical custody of the child. legal custody is where the parent who has the right to make the decisions reading the minor’s life and physical custody is where the parent has the child residing with him or her and has the right to make the daily decisions regarding the child.

The state of Maryland does not favor either the parents based on their sex, but rather, the court will determine the custody of the child based on factors that the court of Maryland believes that it is in the best interest of the minor.

The factors that the court determine upon include the following:

  • The minor’s age.
  • Each guardian’s age.
  • The physical, mental and emotional fitness of each guardian.
  • The minor’s physical and mental conditions.
  • Each guardian’s ability to provide for the minor’s well being.
  • The character and reputation of each guardian.
  • The location of the homes of both the guardian.
  • The financial conditions of each guardian.
  • The willingness of each guardian to encourage the minor to stay in touch with the other guardian.
  • The preference and desires of the minor, with regard to the minor’s age and capability to make decisions.

The law of Maryland defines domestic violence as an abuse of either the other guardian or the minor in the guardian’s home.

Abuse can be any of the following performances:

  • The cause of bodily injury of the other guardian or the minor.
  • Threatening to inflict physical harm.
  • Any kind of assault.
  • Anything that relates to sexual crimes.
  • Stalking.
  • Fabricated imprisonment.

If your minor’s custodial caretaker has abused the other caretaker or the child and the caretaker fears the safety and security of the child, the caretaker may obtain a protective order. A judge may grant the protective order if the caretaker presents verified proof concerning the domestic violence and can restrain the abusive caretaker from committing any further abuse to the child or the caretaker.

A protective order can be filed by filling a form of a petition for a protective order with the clerk of the courthouse of the state of Maryland. The caretaker then meets with the judge where he or she presents his or her evidence of domestic violence performed by the other caretaker, if the judge considers that the caretaker and the child are indeed in danger of domestic violence by the other caretaker, the judge will issue an interim protective order.

When filing for child custody, the parents must present to the court with any history of domestic violence or protective orders. If the court discovers that a parent has committed domestic violence, the court will not grant that parent-juvenile custody or visitation rights with no supervision, unless the possibility of the parent to commit domestic violence is entirely eliminated. The juvenile courts may order the dissolution of parental rights in cases with extreme domestic violence. The courts of Maryland may eliminate the parental rights of the parent a child if it is seen that the parent is unfit to be the caretaker of the juvenile and that the presence of the parent will affect the best interest of the child.

If you need a Maryland juvenile custody lawyer to help you with your juvenile maintenance case in Maryland, call us at 888-437-7747. Our Maryland juvenile custody attorneys can help you. C