Child Custody and Visitation/Access

If child custody could be simplified it is a process of knowing where the child lives and who makes decisions for the child. However, child custody is so much more complex and generally difficult to determine who makes legal decisions for the child or where the child spends his or her time. 

The courts break down child custody into two distinct parts, primarily consisting of: 

  • Legal Custody; and 
  • Physical Custody

Legal Custody

Legal custody entails how major or substantial decisions are made for a child. Legal custody issues consist of who will make decisions based on issues related to the child’s education, medical, religious, and discipline. Legal custody can be described as sole legal custody to one party, joint legal custody to both parties, and joint legal custody to both parties with one party having tie-breaking authority. 

Physical Custody

Physical custody consists of where the child resides, and how time is shared between parties for the benefit of the child. Physical custody of a child can be joint or shared time between each parties’ home, sole or primary physical custody to one party; or split custody, if there are more than one child spending time between parent’s homes.

Maryland courts determine custody based on a standard of what is in the child’s best interest and focus on several child custody factors in determining physical and legal custody of children, including the following:

(1) stability and the foreseeable health and welfare of the child;

(2) frequent, regular, and continuing contact with parents who can act in the child’s best interest;

(3) whether and how parents who do not live together will share the rights and responsibilities of raising the child;

(4) the child’s relationship with each parent, any siblings, other relatives, and individuals who are or may become important in the child’s life;

(5) the child’s physical and emotional security and protection from exposure to conflict and violence;

(6) the child’s developmental needs, including physical safety, emotional security, positive self-image, interpersonal skills, and intellectual and cognitive growth;

(7) the day-to-day needs of the child, including education, socialization, culture and religion, food, shelter, clothing, and mental and physical health;

(8) how to:

(i) place the child’s needs above the parents’ needs;

(ii) protect the child from the negative effects of any conflict between the parents; and

(iii) maintain the child’s relationship with the parents, siblings, other relatives, or other individuals who have or likely may have a significant relationship with the child;

(9) the age of the child;

(10) any military deployment of a parent and its effect, if any, on the parent-child relationship;

(11) any prior court orders or agreements;

(12) each parent’s role and tasks related to the child and how, if at all, those roles and tasks have changed;

(13) the location of each parent’s home as it relates to the parent’s ability to coordinate parenting time, school, and activities;

(14) the parents’ relationship with each other, including:

(i) how they communicate with each other;

(ii) whether they can co-parent without disrupting the child’s social and school life; and

(iii) how the parents will resolve any disputes in the future without the need for court intervention;

(15) the child’s preference, if age-appropriate; and

(16) any other factor that the court considers appropriate in determining how best to serve the physical, developmental, and emotional needs of the child.

The court must also state on the record or in a written opinion the consideration of each factor listed or any other factor the court considered. 

Access/Parenting Time

After establishing physical custody, courts will often set a visitation or access schedule for the child and each party to spend time. Access and visitation schedules usually set out holidays, and special events between the parties to have access with parents and other family members.  

Circuit Court for Baltimore City

Circuit Court for Anne Arundel County 

 For more information on filing for custody in Maryland and how we can help, contact the Law Office of Jerry Williams III at (410) 415-3617, send us an email at info@jerrywilliamslaw.com or use our online contact form. 

Child Custody and Parenting Time

Child Custody and Visitation/Access

If child custody could be simplified it is a process of knowing where the child lives and who makes decisions for the child. However, child custody is so much more complex and generally difficult to determine who makes legal decisions for the child or where the child spends his or her time. 

The courts break down child custody into two distinct parts, primarily consisting of: 

  • Legal Custody; and 
  • Physical Custody

Legal Custody

Legal custody entails how major or substantial decisions are made for a child. Legal custody issues consist of who will make decisions based on issues related to the child’s education, medical, religious, and discipline. Legal custody can be described as sole legal custody to one party, joint legal custody to both parties, and joint legal custody to both parties with one party having tie-breaking authority. 

Physical Custody

Physical custody consists of where the child resides, and how time is shared between parties for the benefit of the child. Physical custody of a child can be joint or shared time between each parties’ home, sole or primary physical custody to one party; or split custody, if there are more than one child spending time between parent’s homes.

Maryland courts determine custody based on a standard of what is in the child’s best interest and focus on several child custody factors in determining physical and legal custody of children, including the following:

(1) stability and the foreseeable health and welfare of the child;

(2) frequent, regular, and continuing contact with parents who can act in the child’s best interest;

(3) whether and how parents who do not live together will share the rights and responsibilities of raising the child;

(4) the child’s relationship with each parent, any siblings, other relatives, and individuals who are or may become important in the child’s life;

(5) the child’s physical and emotional security and protection from exposure to conflict and violence;

(6) the child’s developmental needs, including physical safety, emotional security, positive self-image, interpersonal skills, and intellectual and cognitive growth;

(7) the day-to-day needs of the child, including education, socialization, culture and religion, food, shelter, clothing, and mental and physical health;

(8) how to:

(i) place the child’s needs above the parents’ needs;

(ii) protect the child from the negative effects of any conflict between the parents; and

(iii) maintain the child’s relationship with the parents, siblings, other relatives, or other individuals who have or likely may have a significant relationship with the child;

(9) the age of the child;

(10) any military deployment of a parent and its effect, if any, on the parent-child relationship;

(11) any prior court orders or agreements;

(12) each parent’s role and tasks related to the child and how, if at all, those roles and tasks have changed;

(13) the location of each parent’s home as it relates to the parent’s ability to coordinate parenting time, school, and activities;

(14) the parents’ relationship with each other, including:

(i) how they communicate with each other;

(ii) whether they can co-parent without disrupting the child’s social and school life; and

(iii) how the parents will resolve any disputes in the future without the need for court intervention;

(15) the child’s preference, if age-appropriate; and

(16) any other factor that the court considers appropriate in determining how best to serve the physical, developmental, and emotional needs of the child.

The court must also state on the record or in a written opinion the consideration of each factor listed or any other factor the court considered. 

Access/Parenting Time

After establishing physical custody, courts will often set a visitation or access schedule for the child and each party to spend time. Access and visitation schedules usually set out holidays, and special events between the parties to have access with parents and other family members.  

Circuit Court for Baltimore City

Circuit Court for Anne Arundel County 

 For more information on filing for custody in Maryland and how we can help, contact the Law Office of Jerry Williams III at (410) 415-3617, send us an email at info@jerrywilliamslaw.com or use our online contact form.