In custody battles between divorcing parents, Maryland divorce courts must evaluate many specific facts in making a decision. One such factual issue is “stability” for the child or children. In this sense, “stability” is a broad concept involving family life, friends, schooling, and other aspects of a child’s life. Stability is one of the key determinants of what is in the “best interests” of the child which is the legal standard for how custody should be awarded by Maryland divorce courts. However, applying the “stability” factor is complicated. As the Maryland Supreme Court has stated, “the issue of stability cuts both ways…” If you are in a custody battle with your spouse, call the Custody Lawyers here at the Law Office of Robert Castro. We can help provide guidance on how the issue of stability might impact your case. We are a Child Custody Law Firm in Charles County, Maryland with offices in Waldorf, MD. Call us at (301) 870-1200. We provide divorce and family law legal services for all communities in Southern Maryland.

As noted, the stability factor can “cut both ways” in a Maryland divorce proceeding. This can be vividly seen in the case of Domingues v. Johnson, 593 A. 2d 1133 (Md Sup. Court 1991). That case involved a request to modify an existing child custody order. However, the legal principles apply to a Maryland divorce court’s initial decision about awarding custody.

In Domingues, the mother had been awarded physical custody with the father being awarded a once-a-week-and-every-other-weekend visitation rights. The mother remarried and announced plans to move from Maryland to Texas with her new husband taking the children with her. The father objected and the parents filed competing pleadings with the Maryland divorce court. The mother sought an allowance to move to Texas with the children and also sought to increase the father’s child support payments. The father sought to obtain full custody.

On the question of stability, the Maryland Supreme Court noted the “goes both ways” aspect of stability. On the one hand, the court noted that the mother was the primary caretaker. As such, continued custody of the mother “certainly” offered an important form of stability in the children’s lives. On the other hand, the court stated that “permitting the children to remain in an area where they have always lived, where they may continue their association with their friends, and where they may maintain frequent contact with their extended family, also provides a form of stability.” The Supreme Court did not make a decision about custody but rather sent the case back down to the divorce court for a renewed review of the factual issues. The court made note of additional facts that might have a bearing on custody including:

• The father truly wanted a continued relationship with his children as evidenced by the fact that he regularly exercised his extensive rights of visitation
• The children spent substantial periods of time with each parent
• The children have close contact with relatives, maternal and paternal, who live in the area
• The wife and her new husband were becoming hostile to the father’s visitations and, a move to Texas would create a physical separation of the children from their father, to the detriment of the children

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.