Child Custody FAQs

You can either work with your co-parent to create a child custody plan, or you can go to court and ask the judge to create a child custody plan for you. It is often better for parents and children alike if the parents are able to agree to a custody plan out of court through mediation or attorney-facilitated negotiation.

Courts make all child custody decisions based on what is in the best interests of the child. Judges consider factors like:

• Which parent was the child's primary caregiver?
• Are there any legal agreements about child custody already in place?
• Is one parent more fit to raise the child than the other?
• What are the reputations of both parents?
• Is there any evidence of abuse by one parent?
• What are the child's preferences?
• Which parent has the financial resources to best care for the child?
• Where does each parent live in relation to each other, extended family, and the child's school and community?

Historically, mothers have been more likely to receive the larger share of parenting time, especially when the children involved are young. Legally, both parents are to be treated equally. Our attorneys are committed to providing excellent representation to fathers and mothers alike.

It is relatively rare for one parent to receive exclusive custody of the child. For one parent to get sole custody, he or she has to prove that this arrangement is absolutely in the best interests of the child. Sole custody is most likely when one parent has been abusive or otherwise harmful to the children, or is disinterested in parenting.

Supervised visitation is often used when it is still in the children's best interest to have a relationship with a parent who may not be able to safely care for or protect the children alone.

It can be difficult for any two parents to successfully reach an agreement about child custody out of court. If your co-parent is a narcissist, negotiating child custody might be particularly challenging. It is often best to avoid any direct contact between the parents and allow the attorneys to facilitate negotiations.

If you want to move away with your children and the other parent objects, you may need to go to court and offer evidence that the move is in your child's best interest. The court will consider things like where your child's extended family is and what opportunities the move might provide.

Maryland courts will take a child's preferences into account when making custody decisions. How heavily the court weighs your child's opinion might depend on your child's age and maturity level, as well as any reasons for wanting to stay with one parent or the other your child offers.