Child Custody Laws in Maryland
Child custody designates which parent the child will ultimately reside with, and determines the visitation rights of the parents. Child custody laws differ from state to state, and thus it is important to understand the child custody laws of your state. Under the Maryland Uniform Child Custody Jurisdiction Act, the courts have the right to determine custody.
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Best Interests of the Child Standard
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Under the Maryland Uniform Child Custody Jurisdiction Act, Maryland courts consider the "best interests of the child" when determining who should get custody. Regardless of any outside agreement that the two parties may have discussed, the court's responsibility is to the child. Under this standard, the court considers a variety of different factors, such as which parent could take better care of the child, the fitness of each parent, the character and reputation of each parent, the child's preference, the age, health, and gender of the child, and any issues of previous abandonment by a parent. By using variables such as these, Maryland courts can get a whole picture of the situation and determine what is best for the child.
Custody Options
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When considering custody, Maryland courts can choose between several types of custody under the law. First, there is a temporary custody of the child. This temporary custody is used while the courts consider the various factors before making a long-term decision. Next, the courts might award one parent sole custody. This is broken down into legal and physical custody. If the parent has the right to make long-term decisions for the child, this is called legal custody. If the child will live with the parent on a daily basis, this is called physical custody. Alternatively, the court might grant split custody. This means that children are split between parents--each parent receiving physical custody of one child. Finally, the Maryland courts might rule for joint custody. Joint legal custody means that the parents share in the major decisions of the child's life, and joint physical custody means that the child has two different residences.
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Appeal
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In Maryland, if you disagree with the custody ruling of the court, you can appeal or request that court change it. However, it is up to you to show the court why it should be changed. The court does believe that stability is important in a child's life, so you must show the court why the agreement should be altered. For example, if there were significant questions about your financial ability to take care of the child before, you might have to present evidence that is no longer an issue.
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References
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