Legally, parents have joint custody — physical and legal — of children until they divorce and a court Order has been entered establishing some different child custody arrangement.

This assumes that the parents are married. In the case of a single mother in Maryland, she is considered to have physical and legal custody of her children even if she is living with the father. Since the parents are not married, there would be no divorce proceedings and, thus, no need for a court order with respect to custody. However, a divorce proceeding is not the only legal method of seeking custody. A parent can seek custody, joint custody, or visitation rights by filing a Petition for custody/guardianship in the appropriate Maryland County Circuit Court.

In any event, as noted, when the parents are married, they both have legal custody and physical custody. Of course, if the spouses separate and start living apart from one another, custody issues can generate intense emotions and become complex. This is also true for the time between the filing of a divorce Petition and the issuance of the Maryland divorce court’s initial temporary decision on child custody. This can be a very “tricky” time when emotions are running high. It is probably best to seek a consultation with an experienced Maryland divorce and family lawyer like the one here at the Law Office of Robert Castro. Call us at (301) 870-1200. We are divorce attorneys in Waldorf, Maryland. Here are some answers to questions and some important cautionary warnings for parents who want to have future custody of their children.

So, who has physical custody before the court enters an Order?

Strange as it may sound, the parent who actually has the children has “physical custody” of the children. And, importantly, that parent retains physical custody until the parent voluntarily gives up physical custody or a court orders the parent to relinquish the children to the other parent.

However, if, as a parent, you hope to have a Maryland court grant you custody and/or visitation in the future, it is VERY important to avoid playing games like “keep away” or “hide-and-seek.” Keeping children away from a parent as a form of punishment or blackmail will backfire. Maryland child custody judges will be unhappy, and likely, the parent engaging in such behavior will be deemed unreliable — and maybe unfit — when the court ultimately decides questions of custody. The standard is: “What is in the best interests of the child.” Unless there are some serious reasons — like abuse, insanity, or criminal behavior — it is rarely in the best interests of children to be kept away from a parent.

This means that the parents should agree to shared custody and visitation until the court makes a decision. This ALSO means abiding by and honoring the agreement. If you have the children for the weekend, make sure you deliver the children back to the other parent at the appointed time.

Can I go and take my children from the other parent since I have a right to physical custody?

The answer is an emphatic no. Taking the children from the other parent — even if you are their parent — is a form of kidnapping. That is a crime. Further, Maryland judges will probably deny the kidnapping parent any level of custody or visitation.

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.