No. Age is only one factor that Maryland divorce courts consider when making child custody decisions. Indeed, age is typically only relevant to a Maryland divorce court as a “stand-in” for the more relevant issues of physical well-being, stamina, strength, mental acuity, ability to handle stress, etc. So, being aged 57 is not a bar to being awarded custody of your children in a Maryland divorce as long as you are physically and mentally fit. A case in point is Barton v. Hirshberg, 137 Md. App. 1, decided by the Maryland Court of Appeals back in 2001. In that case, the mother sought to obtain full custody of her son, who was about 6 years old at the time. The mother and father never married, so the matter was filed as a child custody case (rather than a divorce case). The mother argued that the father should not have joint custody and that any visitation should be supervised based on various allegations, including an allegation of domestic violence. The mother also argued that the father was unfit to be a custodial parent because he was physically and mentally unfit. This argument was partly based on his age: 57 years old.

However, the trial court rejected the argument. The evidence showed that, despite being 57 of age, the father enjoyed an active lifestyle without any indication that he lacked the physical ability to raise and interact with his son. Further, the father’s treating psychologist indicated that the father was mentally fit and testified that he had no reason to believe that the father would be violent to either the mother or son. The Court of Appeals held that the trial court did not err in ruling that the father was physically and mentally fit as a parent. So, as the case demonstrates, age is not the controlling factor. Rather, fitness for being a parent is more relevant.

When a Maryland divorce court makes decisions about child custody by statute and case law, the overwhelming concern is the “best interests of the child.” This is the standard that a court must apply. In applying this standard, the fitness and ability of a person to be a parent are highly weighted factors, while the age of the parent is a minor one. Depending on the case, even a parent’s fitness might not be crucial if other factors predominate. Courts must also consider other factors like the environment and surroundings in which the child will be reared, the financial ability of the parents, the closeness of other family members, and more. Even if one parent is in exceptional physical and mental shape, awarding custody to that parent might not be in the best interests of the child if the other parent has the material and financial wherewithal to better raise the child.

Contact Waldorf, Maryland Family Law and Child Custody Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Family Law lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.