Who decides, where the child lives, and how to build a parenting plan that actually works.
Maryland custody law asks two separate questions, and confusing them is the source of a great deal of unnecessary conflict. One question is who decides. The other is where the child lives. A parent can have a large share of one and a small share of the other.
This page covers the mechanics. For an overview of our custody representation generally, see our child custody practice page.
Legal custody is the authority to make long term decisions about a child’s education, religious training, discipline and non emergency medical care.
Courts look hard at whether parents can actually communicate before ordering joint legal custody. An arrangement that requires cooperation that does not exist tends to return to court.
Physical custody, often called parenting time, concerns where the child lives and who handles daily care. It can be primarily with one parent with a schedule for the other, or shared between them.
One threshold is worth knowing because it has financial consequences. For child support purposes, shared physical custody means each parent has the child overnight for more than 25 percent of the year, which is at least 92 overnights. Crossing that line changes the support formula. See child support.
Maryland decides custody on the best interests of the child. There is no presumption favoring mothers or fathers, and no single factor decides the case. Courts weigh considerations that include:
Maryland courts expect parents to attempt a parenting plan, and the Judiciary publishes a Parenting Plan Tool that walks through the decisions a workable plan has to make. A plan that only sets alternating weekends is usually incomplete. A strong plan addresses:
Where one parent has primary physical custody, the other generally has a defined access schedule. In cases involving safety concerns, a court may order supervised visitation or monitored exchanges. Baltimore County offers both through Family Support Services.
Note also that Baltimore County generally requires parents in contested custody cases to complete a six hour online co-parenting class before mediation.
Custody orders are not permanent, but they are not easily reopened either. A parent seeking modification must generally show a material change in circumstances affecting the child’s best interests since the last order. Relocation, a significant change in a parent’s circumstances, or a change in the child’s needs are typical grounds. See enforcing or modifying an order.
Every divorce and custody matter turns on its own facts. The Law Office of Thomas K. Mallon, LLC offers a free consultation so you can get straight answers about your situation before you decide what to do next.
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 case.