When a couple with minor children seeks a divorce in Waldorf, Maryland, issues with respect to child custody are often legally confusing. One source of confusion is that, under Maryland divorce law, there are actually TWO types of custody with respect to minor children — physical custody and legal custody. In this article, we will discuss some of the differences between the two types of custody and why the distinction matters.

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What is Physical Custody?

As the name suggests, physical custody of minor children after a Maryland divorce is the actual physical custody of the children. In practice, this means where the children routinely live, eat their meals and sleep. The parent awarded physical custody is called the “custodial parent.”

Under Maryland divorce law, physical custody is not defined on the basis of which parent has the children 100% of the time. This is because, often, Maryland divorce courts will give the non-custodial parent what are commonly called visitation rights. Such rights often involve overnight stays by the children at the home of the non-custodial parent. As such, a parent is said to have physical custody where the children spend at least two thirds of their “overnights” with that parent during a calendar year. If the “overnights” are less than two thirds, then, under Maryland divorce law, the parents are considered to have joint physical custody.

What is Legal Custody?

By contrast, legal custody is not about where the children live, but about a parent’s right to make major, significant and long-term decisions for the children. Examples include schooling and educational decisions, religious matters and upbringing, major medical decisions and care, etc.

Can Custody be Shared?

As mentioned above with respect to physical custody, Maryland divorce courts can order shared or joint custody. Indeed, in practice, most Maryland divorce courts prefer some form of shared custody. Maryland parents are deemed to be jointly responsible for the care and upbringing of their children. Thus, both physical and legal custody is often shared.

How is Custody Decided?

In general, decisions with respect to child custody are made by the Maryland divorce court. Because there are two types of custody, the Maryland divorce court will make two decisions which may be different. For example, the Maryland divorce court might award physical custody to one parent, but give both parents shared legal custody. In this example, that means that the children would live with one parent at least two thirds of the time, but both parents would be involved in the major, significant and long-term decisions for the upbringing of the children.

For both types of custody, Maryland divorce courts are required to use the legal standard called “the best interests of the child/children.”

Contact Waldorf, Maryland Family Law and Divorce 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 Divorce lawyers. Our address is: 2670 Crain Highway, Waldorf, MD 20601.