Issues of child custody can be among the most daunting. For any parent seeking to establish legal and/or physical custody, the idea that a Judge will decide the times and circumstances that the parent will be able to interact with their own child can be overwhelming. We understand that relationships with children are among the most critical issues addressed in family law.
As soon as a client retains our representation, we work together to strategize and set the course for achieving the best custodial arrangement for each individual client. Part of this partnership includes educating the client on Maryland custody laws and how those laws apply to each client’s unique set of circumstances.
In Maryland, custody is broken down to legal and physical custody.
Legal Custody:
Legal custody refers to the parent or guardian’s right to make major decisions regarding the child’s welfare, typically regarding education, health or religious upbringing. Legal custody is determined by what is in the child’s best interests by weighing several factors, including whether or not the parents are able to communicate effectively about major issues impacting the welfare of the child.
If a parent is awarded sole legal custody, that parent may unilaterally make major legal decision. Where the parties are awarded joint legal custody, the parents are required to communicate regarding all such issues and come to an agreement on all legal custody issues.
In addition, there is a hybrid legal custody option where the parties are awarded joint legal custody to both parent where one parent is awarded tie-breaking authority for when parents cannot reach an agreement on major decisions on behalf of the welfare of the child.
Physical Child Custody:
Physical custody refers to where the child resides and is also known as residential care, child access or visitation. This type of custody is the specific
access schedule with respect to the child and each parent.
Many types of physical custody arrangements can be considered, including Joint Physical Custody, Sole Physical Custody, and Primary Physical Custody with Access. Joint physical custody is when both parents play a roughly equal role and the child alternates between homes and spends significant quantities of time with both parents. Sole physical custody is when the child resides with one parent and does not see the other parent. Primary
physical custody refers to cases where the child resides primarily with one parent and spends shorter periods of time with the other parent.
In child custody cases, determining what is in the child’s best interest is the priority in Maryland courts. In order to determine what is in the child’s best interest, Maryland courts analyze a number of factors. Having an experienced, trusted child custody attorney to guide your decisions is essential. Gohary Law provides strategic and compassionate legal services focusing on family law. Our vast experience and experienced team can help design strategies targeted for your specific needs to regain your power and build the foundation you and your family need and deserve.
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To schedule an initial consultation to discuss your divorce case and child custody with Attorney Gohary, call (240)423-3138, email info@goharylaw.com, or book a consultation using the button below.