One of the enduring myths about divorces in St. Mary’s County, Maryland, is that spouses always have bitter fights and battles over child custody. This is a complete myth since in over 90% of divorce cases — nationwide — the spouses agree about which parent should have primary physical custody of the children. This is true for many issues in a divorce. Generally speaking, couples who seek to dissolve their marriage can agree between themselves on how to handle almost every matter that might otherwise be decided by the Maryland divorce court. This means that many divorces are accomplished with relatively small amounts of animosity. Of course, when the couple cannot agree on deeply felt issues — like which parent should have custody of the children — then the divorce can be quite heated, angry, and emotional.

There are a number of other enduring myths about child custody in Maryland. In this article, the child custody lawyers at the Law Office of Robert Castro debunk some of those other myths. If you have questions about child custody in a St. Mary’s County, Maryland divorce, call us at (301) 870-1200. We are Family Law and Child Custody attorneys with offices in Waldorf, Maryland.

Myth: Parents can modify custody arrangements as they want

This is a myth. Custody arrangements are ordered by the Maryland divorce court. The divorce court has issued a court Order, and the court’s Order is binding. As a matter of law, the parents cannot modify custody arrangements without obtaining a modified Order from the divorce court. This is because custody is determined under the legal standard of what is in the best interests of the child or children. What is in the best interests of the children may or may not be what the parents have agreed to. Probably it is, but the court has the final word on such matters. If the parents are in agreement about adjusting the custody arrangements, then they should file a joint written request with the court to obtain a modified custody Order.

Myth: Parents with sole custody can “do whatever they want”

This is a myth. As just discussed, custody is based on the divorce court’s Order. The Order certainly does not allow the custodial parent to “do whatever they want.” As one common example, custodial parents are not generally allowed to move out of state with the children without at least notifying the other parent and the court.

Further, custody is actually split into physical and legal custody. Legal custody involves the right to make decisions about “life decisions” such as religious upbringing, schooling, etc. Many times, “sole custody” is only about physical custody, and the other parent shares legal custody. This shared legal custody definitely limits a parent’s ability to “do whatever they want.”

Myth: Children can live with whichever parent they want

Again, this is a myth. Courts will take into account the desires of an older child. But, in the end, the court has the “final say.” As noted, the legal standard is what is in the best interests of the children. If a child has a strong preference, the court will need to be informed, and a modification of the court’s Order will be required.

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.