Getting sole custody of children in a Charles County, Maryland, divorce is difficult, but there are possibilities. Societal customs and attitudes among Maryland divorce judges have changed over the years. Now, there is a reluctance to completely deny custody and/or visitation to one parent. The idea is that an ongoing relationship with both parents is vital to the well-being of a child or children. This is true even if one parent has mental instabilities, addiction and substance abuse problems, and/or a criminal record.

The two types of custody should also be noted: physical and legal. Legal custody involves granting parents the right to be actively involved in making “life” decisions for their child or children, such as schooling and religious upbringing. Where both parents WANT legal custody, joint legal custody is most commonly allowed. This is because legal custody involves only minimal physical interaction between the divorced parents (who may have difficulty dealing with each other on a non-emotional level). Unless the circumstances are extreme, it can be very difficult to prevent a parent from having joint legal custody if that is desired by the other parent.

If, as a parent, you are determined to obtain sole custody, the first tip is to make sure that you consult with and obtain the help of experienced Maryland Child Custody lawyers. “Good lawyering” always enhances the chance of the most favorable outcome. Trying to obtain sole custody when the other parent is objecting WILL be emotionally draining. You will want the best and most tenacious legal representation. If you have questions about sole custody in Maryland divorces, call us here at the Law Office of Robert Castro at (301) 870-1200 or use our contact page. We are Child Custody Lawyers in Charles County, Maryland, with offices in Waldorf, Maryland.

The easiest method of obtaining sole custody of children in a Maryland divorce is to get the agreement of the other parent. So, the second tip is to talk to your spouse. In about two-thirds of divorces, the spouses/parents go into the divorce having already agreed about how custody will be arranged. Mostly, husbands agree that the wife will have custody of the children. Generally speaking, Maryland divorce courts will accept that agreement, particularly if one parent explicitly states that he or she does not want physical custody of the child or children. Reluctant parents are not generally awarded custody.

When trying to get an agreement with your spouse, you will also need to negotiate visitation rights. Visitation rights can often be more difficult than the main custody decision. To start, you will have to decide if any visitation is acceptable, even limited visitation, such as one weekend a month or two weeks in the summer. If the goal is sole custody with visitation rights as limited as possible, there are some good potential strategies.

In any event, if the parents cannot agree, then the matter will have to be decided by the Maryland divorce court. As noted, it will be difficult to convince the divorce court to allow no visitation rights because even an abusive parent can be allowed monitored and supervised visitation rights.

To win sole custody with no visitation rights, you will need to convince the divorce court that the other parent is completely unfit to be a parent, so unfit that they cannot even be allowed supervised visitation. That can be very difficult. Typically, only very violent criminal behavior, child abuse, sexual abuse, or extreme neglect will warrant a holding that a parent is unfit to have even supervised visitation.

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.