Custody

When clients have minor children, they are always concerned about who gets custody. If the parties are unable to settle this issue voluntarily, a Maryland court will decide the custody issue by making a determination of what is in a child's best interests. This is an easy standard to state but its application to the many custody cases coming before the courts is not easy to apply because each case has its own unique facts and circumstances. In many cases, a judge is presented with a situation in which both parents appear to be fit custodians and has a very difficult decision to make. Some of the factors a court may consider in making a custody determination, in addition to fitness of the parties, are:

Including the following:

• Character and reputation of the parents
• Age, sex and health of the child
• Residences of the parents and the opportunity for visitation
• Previous voluntarily abandonment of the child by one of the parents
• Preference of the child (if the child is of suitable age and discretion)
• Length of separation of the parents
• Desire of the natural parents and any existing custody arrangements
• Material advantages benefitting the child

I spend a great deal of time with individual clients helping them understand the custody issue and provide the information they need to make decisions that are right for them.