Physical Custody in Maryland
Where the child actually lives, and why the overnight count changes the money.
Physical custody, often called parenting time or access, is about where the child lives and who provides day-to-day care. It is distinct from legal custody, which is decision-making authority.
Sole and shared
In a sole physical custody arrangement the child lives primarily with one parent and the other has a defined access schedule. In a shared arrangement the child spends substantial time in both homes. Maryland does not require a 50/50 split for an arrangement to count as shared.
The threshold that changes the support calculation
This is the practical point most parents need to know. For child support purposes, Maryland defines shared physical custody as each parent keeping the child overnight for more than 25 percent of the year, which works out to at least 92 overnights. Above that line a different support formula applies, one that accounts for the cost of maintaining two households.
Because the change happens at a defined line, small adjustments to a schedule near that threshold can move the support figure meaningfully. That is a reason to build the schedule around the child first and check the support consequence second, rather than the reverse. See child support.
Building a schedule that holds up
Schedules fail when they are vague. A durable one specifies:
- The regular weekly rotation, with exact exchange times and locations
- Holidays and school breaks, with a rule for years when they conflict
- Summer, and how much notice is needed for vacation weeks
- Who provides transportation
- How the child communicates with the other parent
- What happens when work runs long or someone is sick
Access in difficult cases
Where there are safety concerns, a court can order supervised visitation or monitored exchanges. Baltimore County provides both through Family Support Services.
Related
Official resources
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.