My Ex and I Agree to Joint Custody: Will the Court Say “Yes” in Southern Maryland?

In most Maryland divorce cases, if the parents have agreed to joint legal and physical custody of minor children, the divorce court will say “yes.” However, court approval is anything but automatic. Whether the parents have agreed or not, the judge is still required to evaluate custody arrangements based on the legal standard, which is the “best interests” of the child. This independent evaluation is required by Maryland law.

In general, when making custody decisions, Maryland courts will evaluate about 14-15 factors. One of those factors is whether the parents have made an agreement regarding joint custody. That is a “positive” factor favoring an award of joint custody and also demonstrates the desire of the parents to share custody. Other factors include:

• Fitness and reputation of each parents
• Material benefits and financial assets available to each parent
• The age and health of each parent
• Physical and emotional ability of each parent to take on the tasks necessary to raise children
• Where each parent plans to live with the child or children
• Whether relationships with extended family can be maintained
• Whether the custody arrangement can maintain the current friends, schooling, etc., for the child
• Any history of abuse of the child or children or other family members
• Any history of neglect or abandonment of the child
• Any criminal record
• Addition or substance abuse questions
• Preferences of the child or children (if old enough)

In some cases, a parent will be disqualified for custody — even joint custody — based on the issues and questions listed above. Thus, a parent with a history of neglecting or abandoning their child will probably not be awarded custody even if the other parent is in agreement. Likewise, if it is shown that a parent does not have the financial means to raise a child. For example, a parent might be homeless at the time of the custody request.

There are additional factors that the court must consider when asked to make an award of joint custody. Most of these additional factors address questions related to whether joint custody is feasible. As noted above, two of the extra factors are the desire of the parents and whether the parents are in agreement about joint custody. That being said, the court will examine the agreement carefully. For example, have the parents agreed to some basics like the schedule for overnights, schooling, etc? But the court will also examine the agreement for details such as:  have the parents agreed about how holidays, birthdays, and other celebration days are split?

The court will also examine how the parents interact as part of evaluating whether the parents are able to communicate without too much friction. Joint custody requires quite a bit of effort on the part of the parents.

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