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  • By: Robert Greenberg, Esq.
  • Published: October 8, 2024
Understanding Joint vs. Sole Custody in Maryland: Family figures with gavel and judge in background

Every parent wants what’s best for their child, but understanding how Maryland courts make custody decisions and the potential financial and legal implications can help you make informed choices. This guide explores the key concerns, helping you determine the best path for your family’s future.

In this article, you can discover…

  • The factors that can impact custody in Maryland.
  • Common challenges faced by parents in joint custody agreements.
  • The legal rights of parents with sole custody.

What Factors Do Maryland Judges Consider When Awarding Custody?

When deciding custody, the Court will make custody decisions based on what the Court believes to be in your child’s best interests. Some of the factors involved in determining this include…

Parental Fitness

Determining if you and the other party have a history of making decisions that are responsible and in your child’s best interests. 

Agreements Between Parents

If you and the other party have already worked together on custody arrangements, a judge will take this into consideration. Likewise, if agreements haven’t been reached yet on specific issues, a judge may overlap both parents’ wishes when deciding how to structure custody arrangements. 

Existing Family Relationships

Your child’s access to supportive extended family relationships will also be considered. For example, if one spouse lives closer to grandparents, aunts, uncles, and cousins, a Judge will consider that to ensure that the child has the opportunity to maintain those family relationships. 

Your Child’s Preferences

This is often relevant to older children. While the wishes and preferences of a child who is eight may sometimes be considered, the preferences of a 14 or 16-year-old as to who they want to live with will be considered much more strongly. 

How Does Physical Custody Affect Child Support?

Child support is heavily influenced by the physical custody arrangement you have with the other parent. In Maryland, the amount of child support you may pay or receive is calculated based on several factors, including the number of overnights your child spends with each parent. 

Greenberg Legal Group LLC

Attorney Robert Greenberg is a dedicated family law attorney serving Maryland. Robert has an excellent track record of helping clients just like you navigate joint vs. sole custody arrangements and better safeguard their legal rights as parents.

Have questions, or in need of superior legal help? Reach out to Greenberg Legal Group LLC at (410) 650-4242 for an initial consultation today.

For example, if you and the other party have 50-50 custody and a roughly equal number of overnights throughout the year, this will significantly reduce or possibly even negate any child support obligation. On the other hand, if you have primary or sole physical custody, you are far more likely to receive child support payments from the other parent, as your responsibilities and expenses for childcare are greater. Along with the number of overnights, the Court will also consider other factors such as each party’s income when determining child support.

What Are The Potential Challenges Of Joint Custody Arrangements?

When parents are able to work with one another and cooperate, joint custody arrangements can really be quite healthy and helpful for parents and children alike. Ideally, this arrangement allows both you and the other parent to spend time with your child and for them to enjoy time with you.

Serious challenges can arise, however, if you and your spouse do not get along or can not agree on what is best for your child. If resolutions and workable agreements cannot be reached, it may ultimately be better for one parent to have the final say in major decisions which is frequently referred to as “tie-breaking authority.”

How Does Sole Physical Custody Impact Visitation Rights For The Non-Custodial Parent?

If you have sole physical custody of your child, you have an obligation to exercise good judgment in allowing the non-custodial parent time with your child. It’s also important for non-custodial parents to understand that the other party having sole custody doesn’t necessarily mean you will never be able to spend time with or see your child. In some cases, language in the court order agreement can allow the non-custodial parent some time with the child, though this time may be limited or supervised.

Every family’s case is different, and a family law attorney can help you better understand your options with regard to visitation and sole custody arrangements. 

What Are The Legal Rights Of Parents In Sole Physical Custody Situations?

If you have sole physical custody of your child, this means that your child lives with and is cared for by you year-round, whether during the school year, Summer vacation, or during holidays. Additionally, if you have sole legal custody, you have the right to make decisions for your child with regard to healthcare, religion, education, and other important considerations. You also have the right to make these decisions without input or permission from the other parent. 

How Does The Court Address Joint Custody When Parents Live Far Apart?

For school-age children, joint custody can be difficult when parents live far apart. In some cases, the courts may decide that one parent will have custody during the school year, and the other during Summer vacation. 

In unique cases like this, the court will do its best to make a fair and reasonable judgment that takes into account location, your unique circumstances, and your child’s emotional and educational needs throughout the year. 

Still Have Questions? Ready To Get Started? 

For more information on Child Custody 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.

Greenberg Legal Group LLC

Attorney Robert Greenberg is a dedicated family law attorney serving Maryland. Robert has an excellent track record of helping clients just like you navigate joint vs. sole custody arrangements and better safeguard their legal rights as parents.

Have questions, or in need of superior legal help? Reach out to Greenberg Legal Group LLC at (410) 650-4242 for an initial consultation today.

Robert Greenberg Esq.
Robert Greenberg is an experienced family law and civil
litigator serving clients across the State of Maryland.
Contact Us - (410) 650-4242
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