Common Myths About Child Custody Battles In Maryland (And The Truth Behind Them)

This guide covers the following important points: 

• Whether Maryland courts have a bias towards mothers in custody cases. 
• Joint custody and whether this arrangement is always the best option for your children.
• Whether custody automatically goes to the parent that keeps the matrimonial home. 

Are Courts In Maryland Biased Towards Mothers In Custody Cases?

It is a common misconception that courts are biased towards mothers in custody cases. When the courts decide custody, they look at a lot of different factors, including each parent’s history of caring for the children.

Regardless of which gender you are, having a strong history of caring for the children can really help your case. Common examples of ways to demonstrate your history of caring for the children include, but are not limited to, providing day-to-day care for the children such as feeding and bathing, attending doctor’s appointments and attending school events. By demonstrating a history of being involved with the children’s care, you can show the Court that you are a fit and proper parent to have custody of the children.

Is It True That Joint Physical Custody Is Always The Best Option For My Children?

While having equal time with the children can be best for the children in some cases, shared or joint physical custody may not always be in the children’s best interests. This will depend on a number of different factors including each parent’s history of caring for the children, involvement in their schooling and medical care, and genuine desire to spend time with the children. Sometimes, it may be in the children’s best interests for the children to spend more time at one parent’s home than the other to provide more stability for the children.

Although there are many factors that the Court will consider when deciding custody, one important factor that the Court considers when deciding custody is where each parent lives. If both parents live close to one another, it is much easier to share custody time equally. However, if the parents live far away from one another, then it may be more likely that one parent will have primary physical custody of the children.

Will The Court Typically Favor Whichever Parent My Child Likes Best?

Your child’s preference is a factor that the Court considers, but the Court will usually only give weight to the child’s personal preference once they start to mature and reach a certain age. Even if your child prefers one parent over the other, that doesn’t mean that the Court is going to give custody to the preferred parent. There are a number of other factors that the Court looks at besides your child’s preference, such as parental fitness and the stability of each home’s environment. 

Robert Greenberg is an experienced attorney with distinguished legal academic qualifications who has used his skills and experience to help clients navigate sensitive cases in Family law. He has extensive experience in Family Law and is prepared to help you with custody cases and help you build the relationship you want with your children. 

If you still have questions or want to get started, contact the Greenberg Legal Group to schedule an initial consultation and a review of your case.

Do The Courts Consider A Parent’s Income When Determining Custody?

To some extent, yes. The Court does consider material opportunities affecting your child and future opportunities. This does involve the resources that are available to your child in each home. However, there are many other factors that the Court considers and a parent will not be awarded custody of the children simply because they make more money.

Do Maryland Courts Automatically Award Custody To The Parent Who Stays In The Marital Home?

While it may seem more logical for the Courts to award custody to the parent who stays in the marital home, that’s not always the case. The parent who remains in the marital home will often get some form of custody. However, even when you leave the marital home as part of the separation, you could still be awarded shared or even primary custody of your children, depending on the facts of your case.

What Is A Common Misconception Many Clients Have About Child Custody Battles?

Unfortunately, a common misconception in custody cases is that there is a gender bias towards mothers over fathers. Sometimes, fathers may feel that the Courts view them in a lesser light than mothers. In each case, the Court looks at the unique background of each parent and your involvement with your children.

In many cases, the father is actually more involved than the mother. In other cases, the parents are equally involved. In other cases, the mothers have more involvement with the upbringing of the child than the father. It simply depends on the facts of each case. 

Still Have Questions? Ready To Get Started?

For more information on Common Myths About Child Custody Battles In Maryland, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (410) 650-4242 today.