Types of Child Custody in Maryland: A St. Mary’s County Guide (Part One)

If you’re a parent in St. Mary’s County, Maryland thinking about divorce or filing for custody, the word “custody” can get confusing fast. Most people have heard of “sole custody” and “joint custody.” Many also know the difference between physical custody and legal custody. But Maryland custody cases use a few other terms too, and the differences matter.

This is Part One of a two-part guide to the types of child custody in Maryland. Below, we explain the early stages of a Maryland custody case. We cover the types of custody that come up before a judge issues a final order. Part Two covers legal versus physical custody, sole and shared custody, and emergency custody.

If you have a question about your own case, call the Castro Law Group at (301) 870-1200. We’ve been serving Southern Maryland families since 1993, with offices in Waldorf and clients across St. Mary’s, Charles, Calvert, Prince George’s, and Anne Arundel counties.

What custody actually means in Maryland

In Maryland, custody is not one thing. It’s a set of legal questions. Who does the child live with? Who makes major decisions for the child? How are those rights shared between parents? A judge looks at each question on its own.

For every custody decision, Maryland courts apply one legal standard: the best interests of the child. That standard guides the court at every stage. It applies to temporary orders, pendente lite hearings, and the final ruling.

De facto custody (custody “in fact”)

The first type of custody most parents meet is de facto custody. The phrase is Latin for “custody in fact.”

De facto custody describes who has the child when a case begins. Before a Complaint for Custody or Divorce is filed, the court has no role. There’s no court order yet. But one parent has usually been caring for the child day to day. That arrangement is de facto custody.

This is just a description of reality, not a legal ruling. It can stay the same once the case is filed, or it can change. Either way, it’s the starting point.

Temporary custody

Once a case is filed, the parent who has the child often asks the court for temporary custody. This is a formal request to keep things at the status quo until a hearing can be set.

To get a temporary order, a parent files a request for hearing and an Order for Temporary Custody and Support. These are filed with the Complaint for Custody or Divorce. Like every custody decision, a temporary order uses the best interests of the child standard.

A temporary order is not a final ruling. It holds things in place while the court works toward the next step.

Pendente lite custody

The next term you’ll hear is pendente lite custody. Pendente lite is Latin for “pending the litigation.” It refers to the custody arrangement the court orders while the case is moving toward trial or settlement.

A pendente lite hearing usually happens several months after a case is filed. Many Maryland sources cite a three- to four-month window. The exact timing depends on the court’s schedule and the issues in the case. The hearing is often the first time both parents give testimony. A family law magistrate usually presides and makes recommendations to a judge.

Pendente lite custody is still temporary. It controls the arrangement while the case is pending. The final order at trial, or in a settlement, can change it. Maryland courts generally aim to close family cases within one year of filing. Complex cases can take longer.

Pendente lite custody can also shift as the case develops. The court might first place a child mostly with one parent. Later, the court might order a shared schedule. That can happen once both parents have had time to present their case. Each adjustment is still measured against the best interests of the child.

How the types of child custody fit together

If you map out a typical Maryland custody case, the stages often look like this:

• Before filing: de facto custody, whatever is happening at home.
• At filing: a parent can request temporary custody to lock in the status quo.
• During the case: pendente lite custody governs the arrangement until the final hearing.
• After the case: the final custody order takes over.

These are just the early stages. The court still has to decide what kind of custody each parent will have in the final order. That includes sole versus joint, legal versus physical, and so on. Part Two of this guide covers those distinctions.

For an overview of how Maryland courts handle child custody, including parenting plans and the best interests standard, you can also visit the Maryland Courts child custody self-help page.

Frequently Asked Questions

What are the main types of child custody in Maryland?

Maryland recognizes legal custody and physical custody, and each can be sole or shared between parents. Before a final order, cases also involve de facto custody, temporary custody, and pendente lite custody. Each describes a different stage or arrangement in a Maryland custody case.

What is pendente lite custody in Maryland?

Pendente lite custody is a temporary custody arrangement the court orders while a divorce or custody case is pending. The phrase is Latin for “pending the litigation.” It controls who has the child during the case but does not decide the final outcome.

How long does a pendente lite custody hearing take to schedule in Maryland?

A pendente lite hearing in Maryland is typically scheduled within several months after the case is filed. Many Maryland sources cite a three- to four-month window, though the actual timing varies by county and by the issues in the case.

What does “de facto custody” mean in a Maryland custody case?

De facto custody is Latin for “custody in fact.” It simply describes which parent has the child at the moment a case begins. It is not a court order, just a description of the current arrangement before the court gets involved.

What legal standard does a Maryland court use to decide custody?

Maryland courts use the “best interests of the child” standard for every custody decision, including temporary, pendente lite, and final orders. The court weighs factors like each parent’s caretaking history, the child’s needs, stability, and the parents’ ability to co-parent.

Talk to a St. Mary’s County child custody lawyer

Every custody case is different. The labels above describe the legal framework. How that framework applies depends on your family. It depends on who has been caring for the child, what each parent is asking for, and what the court believes serves the child best.

If you have questions about a custody matter in St. Mary’s County, Charles County, Calvert County, or anywhere in Southern Maryland, the family law attorneys at the Castro Law Group are here to help. Call (301) 870-1200 or contact us to schedule a consultation.

Read next: Types of Child Custody in Maryland: A St. Mary’s County Guide (Part Two).