Child Custody Laws in Maryland
Posted by Priscilla
Let’s take a look at Child Custody Laws in Maryland and how they work. Child Custody Laws in Maryland are designed to assist women and men attain custody of their minor children but also protect the children from parents or others that are not good for the children’s interests.
Both parents are entitled to custody in Maryland. Both parents also have the right to have frequent contact with the child during and after custody proceedings.
The Child Custody Laws in Maryland use four types of custody determinations:
- Sole legal custody means that one parent has the right and responsibility to make major decisions regarding the child’s welfare, including matters of education, medical care and emotional, moral and religious development.
- Shared legal custody means continued mutual responsibility and involvement by both parents in major decisions regarding the child’s welfare, including matters of education, medical care, and emotional, moral and religious development.
- Sole physical custody means that a child resides with and is under the supervision of one parent, subject to reasonable visitation by the other parent, unless the court decides that such visitation would not be in the best interest of the child.
- Shared physical custody means that a child has periods of residing with and being under the supervision of each parent, and that physical custody is shared by the parents in such a way that assures the child frequent and continued contact with both parents.
Judges determine child custody using the following criteria:
- The physical, emotional, mental, religious, and social needs of the child;
- If a parent wants to and can meet those needs;
- What the child wants, if s/he is old enough and mature enough;
- The love and affection existing between the child and each parent;
- The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
- The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent;
- Any evidence of domestic violence, child abuse, or child neglect in the house where the child would live or a history of violence between the parents;
- Substance abuse by either parent or other members of the household, if it directly affects the emotional or physical well-being of the child; and
- Other factors that the judge thinks are important.
However, if a parent has committed acts of violence, domestic violence or has a criminal past then the determination of custody could possibly be different.
Custody jurisdiction is state law. However, all states have adopted either the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). These acts prevent parents from getting custody decrees in different states and then kidnapping the child back and forth. In the state of Maryland they have adopted the UCCJEA.
When a parent files for custody then the custody should be filed in the child’s “home state” which would be Maryland in this case. The child should have resided in Maryland for at least 6 months in a row prior to the date of filing. Even if a parent moves to another state and it has been less than six months then the State of Maryland will still be considered the child’s home state until six more months have passed in the new state of residence.
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