If you are considering a divorce in Calvert County, Maryland, and there are minor children involved, the Maryland divorce court will ultimately have to make a decision about how custody of those children is awarded. There are, of course, many options from sole custody given to one parent, to various forms of shared custody and custody arrangements that include visitation rights. Matters are further complicated by the fact that there are two types of custody: legal and physical. Maryland divorce courts commonly “mix and match” with respect to the types of custody granted, for example, joint legal custody while granting sole physical custody to one parent or the other. It should be noted that Maryland divorce court judges are, in most cases, very deferential to what the parents want with respect to custody arrangements. Indeed, upwards of two-thirds of custody decisions in Maryland are based on the agreement of the parents and, most often, those agreements are reached before the couple files for divorce.

If you have questions about divorce and child custody in Maryland, contact us here at the Law Office of Robert Castro. Call us at (301) 870-1200 or use our contact page. We are a Child Custody Law Firm in Calvert County, Maryland, with offices in Waldorf, Maryland.

One question we sometimes get is how owning a family business impacts child custody decisions. Unfortunately, the answer is not simple other than to say that the family business is one of the many important factors that the Maryland divorce court will consider when making its decisions with respect to custody. The legal standard for custody is: what is in the “best interests” of the children? Financial stability and wherewithal are among the factors used in deciding what is in the best interests of the children involved. Where the family business is a main or important source of income for the family, Maryland divorce courts will be careful not to end up destroying the family business (since that benefits no one).

The largest complicating factor is that most family businesses are considered “martial property” and are, thus, subject to being equitably divided by the court during the divorce. Fair market value, income from, and control of the business are important issues. There may be third parties impacted, like co-owners of the business, and there may be agreements that impact how one owner’s divorce may affect the business. Many times, one or both spouses/parents are employed by the family business and, thus, derive salary and wages from the business. If a business is awarded to one parent, that may impact employment, a parent’s financial ability to have custody, to pay child support, to pay alimony, etc.

Matters may be somewhat less complicated if the family business is not considered marital property. In those cases, the business remains with the spouse/parent who owned it before the marriage, for example. However, the income, value of the business, and other details are taken into account when the court makes custody decisions.

As can be seen, Maryland divorces, custody decisions, and family businesses created a complicated set of issues that must be untangled.

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.