When to consider shared physical custody in Maryland

Under Maryland law sole physical custody becomes shared custody as the number of over nights spent with the non custodial parent exceeds 35% or 128 per year. The non custodial parent, the one who has less visitation than the primary care giving parent should make sure they have more than 128 overnights of visitation with their child after the date of separation prior to filing for shared custody.  There are two important principles the court takes into consideration when deciding a Maryland Custody Order. One is what kind of living arrangement is in the best interest of the child. The other principal is one of the factors embedded into the best interest of the child list- is maintaining the status quo and to not grant additional visitation to the non custodial parent who has not recently had a significant involvement in their child’s life. That requesting shared custody in a Maryland custody case without already exceeding 35% of the yearly overnights will be very unlikely to be granted absent testimony that questions the custodial parent’s ability to parent, discipline and care for the child. In other words, what kind of informal agreement have the parties been operating under leading up to the custody hearing and has the child been doing well under that arrangement. If yes, then more likely than not, the court will fashion a Maryland custody order according to the present arrangements.

Too many times, parents know about their equal right to the upbringing of their child, but are not aware of the best interest factors a court takes into consideration when deciding Maryland custody. Establishing and maintaining the status quo is an important factor to plan for so that your day in court will truly reflect what is in the best interest of the child, as opposed to being the result of your ignorance of the law. In the event that one parent denies visitation, or flees out of state, consult with your Maryland Child Custody attorney as to what your parental rights are in response.Finally, don’t forget to ask your Maryland custody attorney about a consent order regarding an initial custody order.

Related Articles

• How Joint Custody Affects Child Support Payments (brighthub.com)
• What is Joint Custody? (brainz.org)