If you are parents with minor children seeking a divorce in St. Mary’s County, Maryland, you may discover there are many types of “custody” related to your children. Most understand “sole custody” and “joint custody,” and many may understand the difference between “physical custody” and “legal custody.” However, there are other types of custody in Maryland divorce cases, and matters can become very confusing. In this article (and in Part Two), the St. Mary’s County Child Custody lawyers here at the Law Office of Robert Castro offer some clarification by defining all of the various types of child custody that might be involved in a Maryland divorce. If you want to contact us, call us at (301) 870-1200 or use our contact page. We offer family law and divorce legal services for Charles County, Prince George’s County, Calvert County, and all other communities in Southern Maryland.

Defining types of child custody in Maryland

It is probably most useful to define the various types of custody in a Maryland divorce based on what a divorcing couple might first encounter. That brings us to a type of custody called “de facto custody,” which means “custody in fact” in English. This is the first type of custody because it defines which parent has physical custody of any minor children at the time the divorce papers are filed. Until the Maryland divorce case is filed, the divorce court has no involvement. There is no Order from the court, but one of the parents has physical custody of the child or children. This is de facto custody, which might — or might not — be the same while the divorce proceedings are pending (which might — or might not — be the same as after the divorce proceedings are finished).

Next comes a type of custody called “temporary custody.” This is usually requested by the parent with de facto custody right at the time the Complaint For Divorce is filed. This is a request to the Maryland divorce court that custody — temporarily — remain at status quo until the court can schedule a hearing on which parent should have physical custody during the divorce proceedings. This type of custody usually only lasts two to three weeks. That is usually enough time for the Maryland divorce court to decide which parent should have a more permanent type of temporary custody called “pendente lite” custody.

Pendente lite is just fancy Latin for “pending the litigation.” In other words, this type of custody is for a period of time while the divorce proceedings are pending. Divorces might take a few months to a couple of years to finalize. So, during that time, the court must decide which parent will have custody. Note that what the Maryland divorce court decides during “Month One” might change as the divorce proceedings progress. The other parent might want visitation or some sort of shared custody. Thus, the court might decide — in Month Three — that pendente lite custody should be shared in some way. This is not uncommon.

As with all decisions, the Maryland divorce court uses the legal standard of “what is in the best interests of the child/children” to make decisions.

In Part Two of this article, we will discuss other types of custody, including the distinction between legal and physical custody, types of sole and shared custody, and emergency custody.

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.