Maryland Child Custody: Frequently Asked Questions

Does Maryland favor mothers in custody cases?

No. There is no presumption favoring either parent. Courts decide on the best interests of the child, and one of the more influential considerations is which parent has actually been doing the day-to-day caregiving, which is a question of fact rather than gender.

At what age can my child choose where to live?

There is no age at which a child simply decides. A child’s preference is one factor, weighted by age and maturity, and an older teenager’s views carry real weight. But the court makes the decision.

What is the difference between legal and physical custody?

Legal custody is decision-making authority over education, religion, discipline and non-emergency medical care. Physical custody is where the child lives day to day. They are decided separately and do not have to match.

How many overnights do I need for shared custody?

For child support purposes, shared physical custody means each parent has the child overnight more than 25 percent of the year, which is at least 92 overnights. Crossing that line changes which support formula applies.

Can we agree on custody without going to court?

Yes, and most parents do. A written agreement covering custody, access and support can be presented to the court. The court is not bound by it the way it is bound by an agreement about property; it reviews child-related terms against the child’s best interests. See settlement agreements.

Do I have to go to mediation?

Often yes. Baltimore County refers custody and visitation disputes to mediation, and generally requires both parents in a contested custody case to complete a six hour online co-parenting class beforehand. See mediation.

Can I move out of state with my child?

Not unilaterally. A significant relocation generally requires notice to the other parent, and if they object, court approval. Moving first and asking later is the worst available approach.

My ex will not follow the order. What can I do?

That is an enforcement matter. Document everything, including missed exchanges and communications, and speak with an attorney. Withholding support because access was denied, or withholding access because support was not paid, is not a lawful remedy and tends to damage the position of whoever does it.

Can custody be changed later?

Yes, on a showing of a material change in circumstances affecting the child’s best interests. See modification of custody.

Do unmarried parents have the same rights?

Custody and support are decided on the same standards whether or not the parents were married. Paternity may need to be established first.

Talk with a Towson attorney

The Law Office of Thomas K. Mallon, LLC offers a free consultation. Call (410) 847-9075 or request a consultation online. The office is at 1107 Kenilworth Drive, Suite 305, Towson, MD 21204.

This page provides general information about Maryland law. It is not legal advice, and reading it does not create an attorney-client relationship. Maryland law changes, and how it applies depends on the facts of your situation.