When it comes to divorces in Maryland, the most contentious legal battles are fought not over pieces of property, but over a much more important resource — the children. During a stressful divorce, the last thing you need is to lose access to your children. Much of the stress associated is due to a lack of understanding about the legal process. So how exactly does Maryland handle child custody? How can you approach this situation in the most confident, efficient manner? What can a custody lawyer in St. Mary’s County do for you? Who Gets the Kids in a Maryland Custody Battle? Courts always consider the child’s best interests when making custody decisions in Maryland. The needs and desires of the parents aren’t really important, as judges focus only on ensuring a safe, happy, and healthy environment for the children. It is important to understand the specific factors courts consider when determining a child’s best interests: Who acted as the primary caregiver during the marriage? What is the psychological and physical fitness of each parent? What is the character and reputation of each parent? Are there any custody agreements already in place? Is either parent preventing the children from maintaining family relationships? Does the child have a preference? Which parent has more financial resources with which to care for the children? Do the age, health, and gender of the child make one parent more suitable? Do the parents live close enough to share custody? Which house is more suitable? How long has each parent been separated from the children? Has the parent abandoned the child in the past? Does either parent’s religious views affect the well-being of the children? Does a parent’s disability affect the children’s best interests? As you can see, there are many factors to consider when it comes to custody decisions. Some of these factors may be more important than others, and some might be completely irrelevant based on your unique situation. The key is to understand these factors and build your entire argument around them to ensure the best possible results. When Can My Child Express a Custody Preference in Maryland? A child may express a preference during a custody battle at any time. The real question is whether the court will listen to this preference and consider it as a major factor when making their final decision. It all depends on a child’s mental maturity and ability to express themselves clearly. This means that the court will rarely consider the preference of a child younger than 6 or 7, although it is not completely unheard of. When a child reaches the age of about 10 or 12, they are far more likely to be taken seriously by family courts in Maryland. The court is obligated to listen to a child who is 16 years old or older. That being said, there is never any guarantee that the child will get what they want. The court may decide that the child’s preferences go against their own best interests. For example, a child may want to live with a “cool dad,” but this might not be the best choice if this parent has a history of neglect and substance abuse. Types of Custody in Maryland Joint legal and physical custody is the most common outcome. This means that both parents will spend approximately the same amount of time with their children while having an equal say in important child-raising decisions. Physical custody refers to where the child stays, while legal custody refers only to the decision-making authority of each parent regarding how they want to raise their children. If the court decides that the children should spend most of their time living with one parent, that parent is called the “primary residential parent.” Book Your Consultation Today If you have been searching for a custody attorney in St. Mary’s County, look no further than the Law Office of Robert Castro. Over the years, we have helped numerous parents fight for their rights. We know how daunting it can be to face the possibility of losing your children. With our help, you can pursue the best possible outcome and strive for your children’s best interests. Time is of the essence, so book your consultation today to get started with an effective action plan. For more information or questions, contact the Law Office of Robert Castro to speak to an experienced lawyer at (301) 870-1200. The Law Office of Robert Castro is located at 2670 Crain Highway #411, Waldorf, MD 20601.
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