Joint Custody Rules in Maryland
If the Maryland Family Court agrees that your child`s current living conditions are dangerous, the judge may grant you temporary custody of the children while your case is pending. The hearing to make this decision can take place days or even hours after your lawyer has submitted the application, so it is advisable to be prepared to remove the child from the custody of the other parent on short notice. In almost all cases, it is better to enter into a custody agreement than any decision the court may make at trial. Because: As a rule, biological parents have presumed custody. Only in cases where the parents are deemed unfit or in exceptional circumstances will third parties be granted custody. After a divorce, grandparents can apply to the court for access rights at any time. See the article on visits and custody for non-parents. “Jurisdiction” is the set of rules that determine which court hears a case. Jurisprudence is like an imaginary fence that divides legal cases into 2 categories. On one side of the fence are the cases that a particular court can decide. On the other side of the fence are the cases that the court is not allowed to hear.
Usually, “jurisdiction” is the reason why a court must allow another court to hear the case. Sole custody means that a parent has exclusive control over where the child lives and how they are raised. Joint custody means that the parents share at least one aspect of custody. The court that made the original custody and access order retains jurisdiction to decide on changes, unless the parties and the child no longer have a close relationship with the court and the court relinquishes jurisdiction. However, the court of first instance may refuse to rule on the custody case if a child has been wrongly abducted from another State or taken away without the consent of the person in custody of the child. Maryland law assumes that both natural parents are the natural guardians of their children. The law favours neither mother nor father. This article is designed to give you general information about how courts rule on custody and access rights in Maryland. In some cases where a parent is hostile or there are urgent problems, your lawyer may recommend applying for an emergency custody order. In Maryland, anyone authorized to apply for custody can file an urgent application for child custody and ask the court to hear the case immediately, even without notifying the other parent (this is called an ex parte hearing). A custody decision is not always as easy as alternating care between mother and father.
Unmarried couples, adopted children, the need to move, a history of abuse – these are just some of the things that can make a custody case more difficult. It`s wise to consult with an experienced family attorney in Maryland before going to court, even if you`ve “understood” the custodial responsibilities between you and your spouse. And to keep up to date with how the guard works in Maryland, here are a few things you need to know. In Maryland, there are two forms of child custody: physical and legal. The situation can become complicated if one of the parties is not a biological parent of the child. Very often, people consider the adoption of their spouse`s children as a legal formality, but this makes them no less a parental figure. This is another situation where an experienced custodial attorney in Maryland can help you build your case and negotiate a custody agreement. It is important to remember that the tie-breaking power is not supposed to be de facto sole custody. If the court grants a parent a power to break a tie, the parents must share information and make a good faith attempt to make a joint decision before the parent who breaks the tie can exercise a tie-breaking power. Custody includes the right to make long-term plans and decisions for education, religious education, discipline, medical care outside of an emergency, and other matters of great importance to the well-being of the child.
The court may order legal and physical custody in a variety of ways. Custody is essentially the decision-making power for important educational, medical and religious matters related to the child. It tells who decides where your son is enrolled in school, whether your daughter is receiving braces, and when your child will be baptized. Joint custody is essentially a promise to work together to make these decisions. In the case of sole custody, one parent has the final say, but must still inform the other parent. According to Maryland jurisprudence, grandparents have no inherent rights to custody of their grandchildren. When an application for custody or access is filed, a grandparent is usually treated in the same way as a third party. There are several types of custody laws in Maryland.
Child custody is divided into two main categories: physical and legal. Physical and legal custody is either transferred “alone” to one of the parents or “shared” with both parents. Similarly, custody will be either “alone” for one of the parents, or “together” with both parents. The parent who has sole custody is determined by the number of nights the child(ren) spends with each parent in a year. When developing a joint custody (or “access”) plan, courts often try to balance a child`s need for frequency with each parent and a child`s need to reduce transitions between homes. The geographical distance between each parent`s home and/or the children`s school, the children`s schedule and the children`s special needs are important considerations when creating a schedule. When most people think of custody, they imagine physical custody: the place where the child stays on a daily basis. However, many parents don`t understand what sole custody looks like.
In Maryland, physical custody is based on overnight stays. If your former partner is not an inappropriate parent, they will have access to the child in Maryland. This is usually a good thing for you and your child. This allows your son or daughter to maintain a relationship with their other parent and gives you the opportunity to live a life outside of your children. The court does not favour any of the parents with respect to custody decisions. What the court is paying attention to is the “best interests of the child.” This is a fairly broad standard that includes many different factors, such as the character and overall physical condition of each parent, financial resources, primary residence, as well as disability or other medical conditions. The child`s preference can be taken into account, but usually not much weight is given, especially in young children. Basically, the court wants to ensure that the child ends up living as normally and fulfillingly a life as he would have had before the parents separated. It uses several factors, including but not limited to who has physical custody of the child(ren); if custody is shared, the number of nights spent by each parent; the gross income of the parties; and the cost of health insurance, daycare and exceptional medical expenses of the child or children.
In Maryland, parents can have joint custody, where both have a say in the child`s upbringing and have joint custody if the child lives with both parents (spend at least 35% of the time in each parent`s home) or share joint legal and physical custody. Ultimately, any custody order is determined as what is in the best interests of the child, not as what the particular wishes of the individual parents are. You should also focus on acting in the best interests of your child. Custody is essentially the decision-making power for important educational, medical and religious matters related to the child. Sole custody – A person may be granted sole custody, sole physical custody, or both. Temporary custody – Temporary custody is also known as pendente lite, which means “awaiting litigation.” To formalize custody before starting the dispute, you must apply for court-ordered temporary custody. Temporary custody is based on the “best interests” of the children`s standard. This is not an “initial” custody concession. Instead, it is temporary custody while waiting for the court to hold a hearing.
To obtain temporary custody, you must file an application for a hearing and an order for temporary custody and assistance as well as your custody or divorce complaint. A parenting plan is an agreement between the parties regarding the custody and attendance of the minor child(ren). As a general rule, the parenting plan is developed during mediation, but can be carried out at any time during the custody process. Any agreement reached by the parties regarding custody and visitation will most likely be included in any final court order. Shared custody is rare in Maryland and only occurs when parents have more than one child. With shared custody, each parent has full custody of at least one child. .