When there are minor children involved in a divorce, the Maryland divorce court must decide any and all issues related to the custody of those children. Under Maryland family law, there are two types of custody being decided: physical custody and legal custody. As the name suggests, physical custody means which parent (or both) will have actual physical control over the children. By contrast, legal custody is about making decisions on behalf of the children. These tend to be what are called “life decisions” and include matters like religious upbringing, where the children go to school, etc.

When both parents want to be involved in the upbringing of their children, Maryland divorce courts tend to award some sort of joint custody. However, the courts tend to make different decisions with the two different types of custody. Often, Maryland divorce courts will order joint legal custody. This is typically a 50/50 split of custody. This is typical even if sole physical custody is awarded to one parent or if physical custody is shared at something less than 50/50.

Here at the Law Office of Robert Castro, our divorce and family law attorneys are sometimes asked why legal custody is often awarded jointly. The answer sometimes depends on the unique facts of a given case, but there are a couple of more general reasons that we discuss below. If you are seeking a divorce in Charles County, Maryland, call us at (301) 870-1200 or use our contact page. We are a Child Custody Law Firm in Charles County, Maryland, with offices in Waldorf, Maryland. We are top-tier family law and divorce attorneys for cities and counties in Southern Maryland. Contact us if you are searching for “divorce lawyers near me.”

One general reason that legal custody is often awarded at 50/50 to each parent is that Maryland divorce court judges favor the joint involvement of parents in the upbringing of their children. Awarding joint legal custody is a way of fostering more parental involvement in the lives of their children. This is because joint legal custody means that BOTH parents must be involved in “life decisions.” Where sole physical custody is awarded, one parent might have no involvement in their child’s life without joint legal custody. Note that this judicial preference for joint parental involvement is something that comes from judicial case decisions and also from the Maryland divorce statutes.

Another reason the Maryland divorce courts favor joint legal custody is that, while both parents must be involved in major life decisions, day-to-day interactions between the parents are minimal (since life decisions do not need to be made daily). Many divorces involving parents are contentious and, sometimes, can be bitter. Resentments and anger can linger for years. As such, daily interactions between the parents might be too continuous. Thus, joint physical custody, which requires a great deal of coordination between the parents, is not awarded by divorce courts. However, joint legal custody can be awarded since, as noted, joint decisions are not needed on a daily basis.

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 11701 Central Avenue, Suite 200, Waldorf, MD 20601.