There are several types of custody in the state of Maryland, including joint custody and sole custody. The court of the state of Maryland determines custody base on factors that affect the best interest of the child. Joint custody means that both the parents have an equal amount of guardianship over their child. On the other hand, sole custody is granted to only one of the parents, usually in situations where the other parent is deemed as unfit to be capable of providing for the best interest of the child’s welfare, for instance, due to having issues with illegal drug abuse or alcohol abuse. A parent with sole physical and legal guardianship has exclusive rights regarding his or her child. In situations where one parent has sole care of the child, the non-custodial parent is not granted either physical or legal care rights. However, the non-custodial parent may be awarded visitations, but only in the presence of a third party.
There are significant distinctions between sole physical care and sole legal care. Some parents may have sole physical care of their minor, but joint legal care that they share with the other parent of the minor.
The meaning of both sole legal custody and sole physical custody are mentioned below:
Sole legal custody
Only one parent of the minor has the legal right and obligation to make life decision regarding the juvenile’s well being and safety, these matters include the juvenile’s education, religion preference, medical care, and morals.
Sole physical custody
The minor resides with only one guardian but can have supervised visitation with his or her other guardian. Unless the court of Maryland decides that it is not in the juvenile’s best interest for the other caretaker to have visitation.
The benefit regarding minor guardianship is that the minor resides with one caretaker and does not have to move from house to house like in joint care, and only one caretaker is involved in the decision making regarding the juvenile’s schooling. medical necessities, and religious matter. This reduces the juvenile’s stress and anxiety of being torn apart between two separated caretakers, with their different agreements and different houses.
Nevertheless, just because a caretaker has sole care of his or her minor, does not mean that the caretaker can relocate without the court’s permission. If the other caretaker has visitation rights, the distance might be an issue for visitation with the other caretaker and the minor and therefore a written notice is required by the court before the relocation, so that the court may allow or forbid the relocation.
If a caretaker is considering filing a petition of minor guardianship, it is recommended that the caretaker hire a skillful lawyer to assist him or her on the case and during the Maryland court procedures. The lawyer can help the caretaker to be familiarized with the rules and regulations of the court of the sate of Maryland and obtaining the right guardianship arrangement over the minor.
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.