Answering this question involves knowing the status of several things, including:

• Which parent has physical custody of the kids now
• Status of the divorce filing/case and
• Whether any emergency situation exists now

As to the first question — who has custody now? – leading up to a divorce, the parent who has physical custody of the kids is deemed to have what is called “de facto custody.” So, for the parent with de facto custody, asking how long it will take to get custody is not relevant. For the non-custodial parent, the question is relevant, and the answer is within 10 to 14 days, maybe, counted from the day the divorce proceeding is filed. Thus, the second factor is the status of the divorce. Custody can change quickly once the divorce proceeding is filed. We will discuss this in more detail below.

The final factor or question is whether any sort of emergency situation exists, such as abuse, neglect, child endangerment, etc. If “yes,” then a change in custody might be accomplished in as little as three days. If you have questions about child custody in St. Mary’s County, MD., contact the Child Custody and Family Law lawyers here at the Law Office of Robert Castro. Call us at (301) 870-1200 or use our contact page. Here is more information about how long it might take to get child custody decisions from a Maryland divorce court.

Child custody and divorce proceedings

As noted, when a divorce proceeding is filed, the parent with physical custody of any children has de facto custody. However, most parents want that nebulous kind of custody changed into something more official, something we might call “court-approved custody.” If parents are disputing custody, the parent with actual physical custody wants that status confirmed by a court order. Conversely, the parent without physical custody wants to challenge that status and have the court issue an Order transferring physical custody.

There are basically two “places” within a divorce proceeding where the court examines the issue of custody for the period during the divorce itself. The first is very early in the proceedings when the courts may issue what are called “Temporary Custody Orders.” Obtaining a Temporary Custody Order takes about one to two weeks.

How is this done? A parent filing for divorce files the “divorce papers” and also, at the same time, files a request that the court issue a Temporary Custody Order. If that request comes from the parent who has de facto custody AND if there is no vigorous objection from the other parent claiming emergency health and welfare dangers (like abuse or neglect), the Maryland divorce court is likely to agree to the requested Temporary Custody Order. In effect, such an Order “freezes” the custody issue, giving the parents, their lawyers, and the court more time to evaluate disputed issues.

If, on the other hand, the non-custodial parent files for divorce and files the request for temporary custody, the resolution might take longer since the court must address the disputed issues.

After the court makes an initial decision about temporary custody, if the parents are still disputing custody, then the court will take up the question of “during-the-divorce” custody — officially called “pendente lite custody.” This will be the custody status that will exist until the court finalizes the divorce and makes a permanent decision about custody. A decision about during-the-divorce custody is usually made within 30 to 60 days (again, assuming there are no claims of threats, risks or danger to the children).

As noted, if there are claims involving emergency threats, risks, and dangers to the health and welfare of the children, Maryland divorce courts are empowered to move more quickly. As noted, such decisions can be made in as little as three days. Generally, the court will take basic evidence on the question, make a decision, and then conduct a more extensive examination of the facts and questions. In maybe 30 to 45 days, the court will make a permanent decision about custody based on emergency claims of risks and dangers to the children.

A final decision concerning custody is made at the end of the divorce proceedings. Divorce proceedings may take anywhere from 6 months to a year (or more), depending on the complexity of the case.

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.