In Maryland, by law, custody decisions are supposed to be gender neutral in the sense that neither mothers nor fathers should be favored by the Maryland divorce courts. However, there ARE some factors considered during a custody battle that tend to favor mothers. If you are a mother seeking full and sole custody, that is good. If you are a father seeking sole custody, it is important to know those factors so that you can plan effective countering legal strategies.

The reason there are factors that tend to favor mothers is that Maryland divorce laws have many sections and impose upon Maryland divorce courts a host of requirements when making custody decisions. For example, courts have a list of factors that must be considered with respect to the parents when making custody decisions. These include:

• Fitness of the parents
• Character and reputation of the parents
• Factors that led to the breakup of the spousal relationship
• Parents’ desires/willingness — including willingness/ability to share custody
• When considering joint or shared custody, the ability of parents to deal with each other peaceably and reach agreements about the child/children’s well-being
• The geographic proximity of the parent’s separate homes
• Opportunity/ability for each parent to spend time with the child/children
• Ability to have/maintain a stable home
• Potential disruptions of the child’s social and school life
• Child’s preference (above a certain age)

These are relatively gender-neutral, but the geographic proximity and potential disruption factors can tend to favor the mother if she is allowed to keep the marital home. This is true if the father is forced to establish a home at some distance from the former marital home because of work or finances. Obviously, disruptions to the child/children are limited if the formal marital home is retained and given to the mother. One potential countering legal strategy is to insist that the former marital home be sold. Since parents and kids are moving, the “potential disruptions” factor is removed.

In addition to these factors that relate to the parents, Maryland divorce courts are required to evaluate about a dozen OTHER facts or factors related to the child/children. Some of these clearly lean in favor of the mother, particularly where the pre-divorce household involved something like a “stay-at-home-mom” situation. Under Maryland law, the legal standard for deciding custody is what is in “the best interests of the child.” To determine this, divorce courts consider these factors (several of which overlap those from above):

• Parents’ desires/willingness — including willingness/ability to share custody
• When considering joint or shared custody, the ability of the parents to be peaceable and reach agreements about the child/children’s well-being
• Fitness of the parents — including neglect and abuse of children, of spouse or others, criminal record, addiction histories, etc.
• Emotional relationship — also called affective relationship — between child/children and each parent — this is sometimes phrased as which parent has been the “primary caregiver”
• Child’s preferences (above a certain age)
• Potential disruptions of the child/children’s social and school life
• The geographic proximity of the parent’s separate homes
• Demands of parental employment
• Age and the number of children
• The financial status of the parents
• Impact on governmental benefits and financial assistance
• Other issues/facts that the Court deems important to consider

Some of these “best interests of the child” factors can clearly favor the mother. For example, the “emotional relationship” factor is often demonstrably in favor of mothers, particularly when younger children are involved. If you seek sole custody during a Maryland divorce, it is crucial to have trusted legal advisors.

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.