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 custody 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 custody has exclusive rights regarding his or her child. In situations where one parent has sole custody of the child, the non-custodial parent is not granted either physical or legal custody 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 custody and sole legal custody. Some parents may have sole physical custody of their child, but joint legal custody that they share with the other parent of the child.
The meaning of both sole legal custody and sole physical custody are mentioned below:
Sole legal custody
Only one parent of the child has the legal right and obligation to make life decision regarding the child’s well being and safety, these matters include the child’s education, religion preference, medical care, and morals.
Sole physical custody
The child resides with only one parent but can have supervised visitation with his or her other parent. Unless the court of Maryland decides that it is not in the child’s best interest for the other parent to have visitation.
The benefit regarding child custody is that the child resides with one parent and does not have to move from house to house like in joint custody, and only one parent is involved in the decision making regarding the child’s schooling. medical necessities, and religious matter. This reduces the child’s stress and anxiety of being torn apart between two separated parents, with their different agreements and different houses.
Nevertheless, just because a parent has sole custody of his or her child, does not mean that the parent can relocate without the court’s permission. If the other parent has visitation rights, the distance might be an issue for visitation with the other parent and the child 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 parent is considering filing a petition of child custody, it is recommended that the parent hire a skillful lawyer to assist him or her on the case and during the Maryland court procedures. The lawyer can help the parent to be familiarized with the rules and regulations of the court of the sate of Maryland and obtaining the right custody arrangement over the child.
If you need a Maryland child custody lawyer to help you with your child custody case in Maryland, call us at 888-437-7747. Our Maryland child custody attorneys can help you.