Joint Custody in Charles County, Maryland: What Factors Does the Judge Consider?

Each parent wanting to have joint custody is probably the controlling factor that Maryland divorce courts consider when evaluating whether to order joint custody of minor children following a divorce. If one parent does not want to share physical custody, then the divorce court will not order joint custody.

Ultimately, the Maryland divorce court decides whether any form of joint custody is appropriate. The legal standard under Maryland law is “the best interests of the child.” That is, a Maryland divorce court will order joint (or shared) custody only if the court determines that such is in the best interests of the child. Joint custody can range from a full 50/50 split or something like one-third to two-thirds. Even if a court grants sole custody to one parent, extensive visitation rights for the non-custodial parent can make it seem like custody is shared.

In the remainder of this article, the Child Custody Lawyers at the Law Office of Robert Castro provide a discussion of what factors a Maryland divorce court considers when evaluating joint custody. If you have questions about child custody, call us at (301) 870-1200. Our offices are in Waldorf, Maryland.

Aside from the question of wanting joint custody, the Maryland divorce court must make an evaluation of each parent’s fitness to have any form of custody. There is a list of factors to be considered for basic custody and an additional list of factors when joint custody is being considered.

“Fitness” concerns many factors such as financial stability, character, reputation, past and current criminal history, any addiction issues, job status and history, and more. Aside from fitness, by statute, judges must also consider a number of other factors when deciding basic custody questions. These include:

• Desire of parent to have custody
• Whether a parent can nurture family relations with extended family members
• Where the parents live — that is geographic proximity to schools, other family members, etc.
• For older children, any preference stated by the child
• Financial and material opportunities for the child
• Age, health, and sex of the parents and the child
• If the parents and children have been separated, then the length of the child’s separation from the parent
• Any examples of prior voluntary abandonment or surrender of the child by one or both parents

As noted, these are among the factors to be considered in deciding whether ANY form of custody is in the best interests of a child.

When considering joint custody, a number of other factors are to be considered. These come from a case called Taylor v. Taylor from 1986, where Maryland courts first held that joint custody could be awarded.

Again, the desire to share custody is the first factor. Next is the level of cooperation between the divorcing parents. This is often phrased as the parents’ ability to communicate and cooperate with each other. Shared custody involves a good deal of interaction between the ex-spouses and the requirement that they reach an agreement about things that affect their children. Other factors to be considered include:

• Child’s relationship with each parent
• Child’s desire with respect to a shared custody arrangement
• Impact on the child’s schooling, friendships, social life, etc. — for example, does shared custody involve the need for the child to attend two different schools?
• And more

Contact Waldorf, Maryland, 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 Child Custody Lawyer at (301) 870-1200. We are Waldorf, MD, Family Law lawyers. Our address is