In Maryland, the legal standard for awarding custody of children in a divorce is called “the best interests of the child.” That is, custody will be awarded by the Maryland divorce court based on what the court decides is in the “best interests” of the child or children. In this article, the Child Custody and Divorce Lawyers at the Law Office of Robert Castro discuss some of the factors that Maryland divorce courts consider when making custody decisions. If you have questions, call us at (301) 870-1200. Our legal offices are in Waldorf, Maryland, and we provide child custody advice and guidance for communities in Charles County, Prince George’s County, Calvert County, St. Mary’s County, and elsewhere in Southern Maryland.

To begin, we should distinguish the two types of child custody in Calvert County, MD, divorce cases. This is because the courts often make separate and distinct decisions about the two types of custody. First, there is physical custody that involves where the children live and the parental provision of food, clothing, and other daily necessities. Second, there is legal custody which involves parental decisions regarding “major life decisions” such as schooling, religious upbringing, and more. It is not uncommon for one parent to be awarded full physical custody but for the court to order shared legal custody. The two types of custody can also generate very different responses from the parents. Parents often do not object too much to shared legal custody. However, shared physical custody can be hotly disputed.

As noted, when Maryland divorce courts evaluate physical custody issues, there are a large number of factual questions that must be considered by law. These are not the same factual questions that the court considers when making decisions about legal custody. For physical custody, the court considers:

• Where the parents will be living and proximity to the schools, extended family, friends, etc.
• Fitness of parents to be parents, including character and reputation
• Any past experience of child neglect, abuse, or abandonment
• Financial and material ability to have physical custody and the differences in this respect between the parents
• Which parent has been the primary caregiver
• Age, sex, and health of the parents and children
• Any preferences expressed by the parents and/or children

As for legal custody, Maryland divorce courts will not consider all of these factual issues since many of them are not relevant. Since legal custody is not physical, it does not matter too much if one parent lives far from where the child or children are attending school or has health issues that create difficulties in raising a child. This is one reason that Maryland divorce courts tend to favor joint legal custody unless there are identifiable reasons to not grant joint legal custody.

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.