Custody issues can confront people in many different circumstances. Perhaps a custody issue has arisen due to a divorce or maybe two unmarried parents have to decide on which parent will have custody of the child. Regardless of the situation, custody is always a difficult and emotional issue that is rarely solved in one trip to court. One of the most important things to remember regarding custody in Maryland is that a custody and visitation Order can be modified based on a material change in circumstances if that material change in circumstances fundamentally affects the best interests of the child. Permitting modification of the custody order allows parents the opportunity to petition the court to make changes to the Order when a significant change has occurred in their lives and family dynamic. Below are some answers to questions that you probably have if you find yourself facing a custody issue:

“What is the difference between physical and legal custody and what types of custody arrangements are there?”

Physical custody determines which parent the child will reside with. Legal custody awards a parent or parents the right to have physical custody of the child, to determine and redetermine where and with whom the child shall live, the right and duty to protect, train and discipline the child and to provide the child with food, shelter, education and ordinary medical care. There are several different custody arrangements but the most typical arrangement is where one parent has the physical custody of the child, both parents share joint legal custody of the child and the non-custodial parent has visitation rights with the child. This arrangement is probably the most typical because it provides stability for the child vs. the child moving back and forth from one house to another. It also allows the non-custodial parent to spend quality time with the child and participate in decision making. However, many parents and their children are able to thrive in other custody arrangements such as joint physical and legal custody where the child spends their time equally between both parents. This type of custody arrangement could have varying schedules, maybe the child stays with their mother Sunday through Wednesday and with their Father Wednesday through Saturday or the child simply alternates each week with the parents.

"How does the Court determine what the custody arrangement will be?”

The Court is required to look at what is in the best interests of the child or children. In order to decide what is in the child’s best interest they consider some of the following factors:

• Primary Care Giver – who is the primary care giver to the child? Who feeds and clothes the child? Who takes the child to the doctor? Who gets the child ready for school?
• Fitness – age and physical and mental condition of each parent. Also the court will consider any history of abuse.
• Age, Health and Gender of the child.
• Child’s preference – the child’s preference is a factor that the Court will consider and give weight to. How much weight the court gives to this factor will depend on the age and maturity of the child. The failure of the Court to consider the child’s preference can be considered reversible error by the higher court. In order for the court to determine what the child’s preference is they can interview the child out of the parent’s presence. Another tool utilized by the court is the appointment of a Guardian ad Litem to represent the interests of the child.
• Material Opportunity – the court will consider the financial resources of each parent and their ability to financially provide for the child.
• Ability to Maintain Family Relationships – the court will consider which parent can most effectively keep the child’s family intact. This will include the parent’s ability to encourage the child’s existing relationships with paternal and maternal extended family.
• Residences of each parent – which parent lives closes to the child’s social groups and school and how close do the parents live to each other. Demonstrating this factor to the Court is very important in obtaining a favorable custody determination because it allows the court to see or imagine how life will be for the child when the custody battle is over. The Court wants to know what the type of environment the child will be in so they can make the decision that is in the best interests of the child.