Child custody decisions in a Maryland divorce are made by the divorce court judge using the legal standard of what is in the “best interests” of the child or children. To most parents and many in the legal profession, this is a confusing and vague legal standard that is not well-suited to predictable outcomes. Fortunately, Maryland divorce courts are given some guidance from Maryland family law statutes and higher court case instructions. The Maryland Child Custody lawyers here at the Law Office of Robert Castro discuss the meaning of “best interests of the child.” We are Southern Maryland Child Custody and Family Law attorneys with offices in Waldorf, Maryland. Call us at (301) 870-1200 or use our contact page.

What does “best interests of the child” mean?

In simple terms, the “best interest of the child” means custody decisions that will be the most helpful in raising a well-adjusted child, culminating in a well-adjusted and productive adult. Remember that there are two types of custody: legal and physical. With respect to physical custody, custody decisions involve a whole range of options, including some sort of shared custody and various visitation options. The “best interests of the child” standard applies to each custody decision and does not necessarily result in a similar outcome. Since legal custody does not involve physical contact with the child or children, what is in the “best interests of the child” is often different than decisions relating to physical custody.

In Maryland, where both parents want involvement, the baseline for the “best interests of a child or children” is that both parents should have some continuous and meaningful contact with the child/children. Beyond that, the Maryland divorce court considers everything that might impact a child’s upbringing — both good and bad — and weighs the factors.

Note that the weight and relevance of some factors change as the child grows older. Thus, for example, the preferences of a child or children have little weight when they are young but can have great weight when they are 16, 17, or 18 years old.

What factors are considered?

As noted, according to Maryland statute and by higher court decisions, Maryland divorce courts must consider almost everything when determining what is in the “best interests of the child.” To help with that, the statutes and the courts have assembled a list of things for the divorce courts to consider. These factors include:

• Which parent has been the “primary caregiver” — that is, which parent has been mostly responsible for feeding the kids, getting them to school, buying their clothes, bathing them, etc.
• Parental character and reputation
• Which parent is best able to maintain relationships with extended family members?
• Where are the parents living/planning to live, and how does that impact visitation rights, schooling, friendships, etc.
• Material and financial resources — which parent has the material and financial resources to offer the best upbringing?
• Age, health, and gender of the parents and the children
• Prior parental separations from child or children — details as to the separation
• Religious views where relevant to upbringing
• Agreement between parents (if any)
• Any prior abandonment or surrender of custody by a parent
• Any criminal history of a parent, including any claims or proven abuse or neglect of the children
• Any history of mental illness, substance abuse, etc.

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.