Divorce Maryland Custody

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People go for divorce when they do not find any possible ways to save their marriage from ending. Apart from simply ending the marital relationship, various consequences can also result in terms of marital issues such as child custody, property division and likewise. Therefore, the divorcing couple need to resolve all these marital issues prior of the final hearing in the court. Generally, the divorcing spouses are expected to come with their own custody plan that is jointly prepared by them. However, the court may play a significant role in finalizing this issue if the divorcing individuals fail to reach the final agreement by themselves.

Determination of the best interests of the child in divorce custody of Maryland

The court takes into account several factors to determine the best interests of the child. It must be noted that no single factor has more importance compared to others. Some of these factors are as follows.

  • The General Assembly passed a bill in 2009 that specifically restricted the significance of the disability of a party in a custody proceeding to an extent that the disability would hamper the best interests of the child
  • How the religious views of the parent are impacting the emotional and physical well being of the child?
  • In the past, have there been incidences when one parent walked out of the house and left the other parent to manage the child and the residence? If yes, which parent walked out?
  • For how long one parent has been separated from the child.
  • Do the father and the mother reside close to each other? If yes, how close?
  • Do the parents stay in the vicinity of the extended family of the child?
  • Does the father or the mother resides closest to the social circle and the school of the child?
  • The gender, health, and the age of the child
  • Does the father or the mother have more economical sources in order to fulfill all requirements of the child?
  • The court does not wish to make the reversible mistake of not hearing the child's preference regarding custody. The court can use its discretion and interview the child in the absence of the parents. If the child is aged 10 to 12, he or she is eligible to make his or her opinions heard and be given importance to in the custody proceedings. If the child is aged 5 or 6 years, the capacity of the child to distinguish fiction from truth is the guideline that decides whether the child should be heard
  • Which parent will not punish the child for the other parent's adverse action?
  • Which parent is capable of maintaining the intactness of the child's family?
  • Reputation and behavior of the parents towards the child
  • Is there any proof of abuse by one parent against the other parent or any child who resides in the parent's household?
  • The physical and psychological abilities of the spouses seeking custody
  • If the child gets hurt, to which parent does he or she turn to?
  • Which parent performs the following primary functions related to the child
    • Arranging day care
    • Bathing
    • Getting him/her ready for school
    • Shopping for clothes
    • Feeding
Varieties of Divorce Custody

Shared Physical Custody

The child has two residences and spends at least 35 % of his or her time with each parent

Joint Legal Custody

  • The child has a single primary residence
  • Both the father and mother share the control of upbringing of the child, especially in terms of taking crucial decisions related to the child's education, health, and welfare
Blend of Joint Legal Custody and Shared Physical Custody

The possibilities:

  • The child has a single residence
  • The parents stay at this residence with the child in a rotating arrangement

Split Custody

  • If there are two children, each parent is awarded complete physical custody of one child

Sole Custody

  • Both physical and legal custody are awarded to one parent
  • Physical custody means that the child resides primarily with this parent and this parent has the right to take decisions about the child's everyday requirements

Temporary Custody

  • It is enforced while the parents wait in the court for the completion of the hearing
  • It may or may not be possible that temporary custody can be followed by permanent custody

The most suitable custody plan is granted during the settlement of divorce custody in Maryland and it completely depends on the circumstances between the divorcing couple. The primary caretaker of the child has more chances to receive the custody rights in this state. At the same time, if the child has attained a certain age group as decided by the state, then his or her reasonable preference is positively taken into consideration.

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