Frequently Asked Questions – Child Custody in Maryland

When filing for custody in Maryland, it is important to know the basics of custody and what to expect in your custody case. Here are some frequently asked questions that the Greenberg Legal Group often receives about child custody in Maryland:

1) Are there different types of child custody in Maryland?

Yes. In Maryland, there are two different types of custody – physical custody and legal custody. Physical custody refers to schedule on which each parent has the child. Common terms associated with physical custody include primary physical custody or shared physical custody. These terms are general in nature but can be used to describe many different schedules as to when the child will spend time with each parent.

Legal custody refers to the decision-making authority of each parent for decisions pertaining to the child. Legal custody pertains specifically to major decisions such as educational, medical, religious and other issues of similar importance which affect the child. Common terms associated with legal custody include sole legal custody, joint legal custody and joint legal custody with tie-breaking authority. These all represent different types of legal custody arrangements giving different amounts of decision-making authority under each structure.

2) How do I get “full custody” of my child?

In Maryland, there is no legally recognized concept of “full custody.” As noted above, there are specific and distinct terms associated with physical custody and legal custody. The term “full custody” may be used to refer to a parent who has sole physical custody or primary physical custody of their child. This term may also be used for a parent who has sole legal custody of their child. However, a Court in Maryland will not use the term “full custody” when awarding physical custody or legal custody to one or both parents.

3) Does the law give preference to the gender of either parent in deciding custody?

No. In Maryland, neither parent receives preferential treatment or status from the Court simply based on their gender. It is a common misconception that the courts favor one gender over the other. There are many fathers who have favorable custodial arrangements for their child, just as there are many mothers who have favorable custodial arrangements for their child.

Although the Court will not give preferential treatment to either parent based simply on their gender, there are a number of other factors that the court will consider in deciding child custody. For a discussion of those factors, please refer to this article which our firm recently published.

Robert Greenberg, Esq. and the law firm of Greenberg Legal Group LLC have extensive experience representing clients in child custody actions. We aggressively advocate for our clients to ensure they receive the best custody arrangement for their child. Our firm is located in Annapolis, Maryland and practices in Courts throughout the State of Maryland. Please contact our office at (410) 650-4242 for further assistance.