Yes, it is possible for a Maryland divorce court to make a determination that it would be in the best interests of the children to have their custody split between the parents following their divorce. This is rare since most Maryland divorce court judges favor maintaining a cohesive family unit among minor children. However, each divorce and child custody case is unique, and the results will be determined on a case-by-case basis. If you need help with your Waldorf, MD divorce and help with child custody issues, please contact us here at the Law Office of Robert Castro. Call for a consultation at (301) 870-1200.

An example where a Maryland divorce court split custody of minor children between the divorcing parents can be found in the case of Davis v. Davis, Case No. 385, September Term 2021 (Maryland Court of Special Appeals 2022). That case involved divorcing parents who had five children, one of whom became emancipated during the divorce. In the end, the Maryland divorce trial court awarded physical custody of the two youngest children to the mother and the two older children to the father. After an appeal, the Maryland Court of Special Appeals agreed that the trial court had made the correct decision.

Why? As noted, when determining child custody, the Maryland divorce court considers the unique circumstances of each case. In Davis, the older children expressed a strong desire to stay with their father. Indeed, when the divorce was first filed, custody of the oldest child was temporarily given to the father, and the three youngest children were with the mother. However, about halfway through the divorce proceedings, the oldest of the three living with the mother took an Uber from the mother’s residence and went to where the father lived. That child remained living with the father for the remainder of the divorce proceedings. While courts are not bound by a child’s preference, such a preference can be a strong factor in how the court resolves the question of custody.

Another factor cited by the trial court was the fact that the family “worked” peacefully with custody split between the parents. That is, the divorce proceedings took about a year and a half to complete and during that time, the split custody arrangement worked without too much complication. When a divorce court is making child custody decisions, the paramount purpose is to secure the welfare of and promote the “best interests” of the children. In Davis, since the children and the parents seemed content with the split custody arrangement, it was reasonable to assume that split custody was in the best interests of the children.

A few other facts are worth noting, including these:

• Both parents were given extensive visitation rights
• The parents were given joint legal custody
• The marital home was sold in the early part of the divorce proceeding so both parents established new residences — often, having possession of the marital home will be a fact in favor of gaining physical custody
• Neither parent moved very far from the location of the former marital home — thus, the location did not favor one parent over the other

Contact Waldorf, Maryland Family Law and Divorce 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, Divorce lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.