Making sure that my clients are well-informed before their court appearances is one of the most important parts of my job. I find that prospective clients often have “the wrong idea” about what factors are most important for a judge deciding a child custody case. For example, did you know that the “maternal preference” has long been abolished in Maryland? And that the Court does not automatically award custody of the children to the wealthier parent or the parent with the nicest home for the children to live in?
Keep reading to find out more about how child custody cases are decided in Maryland.
Factors Considered in Child Custody Cases in Maryland
In Maryland, the paramount consideration in any child custody case is the “best interest” of the child. There are a few leading cases in Maryland that layout the factors that the Court will consider in determining what the “best interest” of the child is when deciding physical custody. These factors include:
- The “fitness” of the parents – This does not necessarily mean physical fitness, more so the overall psychological, emotion and physical abilities of the parents.
- The parents’ character and reputation
- The existence of any agreements of the parties
- The desires of the child’s parents
- The preference of the child – But only when a child is of “sufficient age and intelligence” to form a rational judgment.
- The potential for maintaining natural family relations – This can include the child’s relationships with extended family members.
- Evidence of any abuse of the child (past or present)
- Age, health, and sex of the child
- Material opportunities affecting the future life of the child – In my experience, the financial statuses of the parents is low on the list of items considered by a judge.
- Residences of parents and opportunity for visitation – The logistics of coordinating visitation.
- Length of separation from the natural parents – However, exceptions are made for military families (i.e. deployments generally are not held against a parent).
- The relationship established between the child and each parent
- Prior abandonment by either parent
- The parents’ willingness of parents to share custody
- Benefit to the parents – But usually only if the benefit to the parent benefits the child in some way.
- The capacity of the parents to communicate and to reach shared decisions affecting the child’s welfare – This is the most important factor when a court determines whether an award of joint custody is appropriate in a given case.
- Potential disruption of child’s social and school life
- Geographic proximity of parental homes
- Demands of parental employment
- Number of children and any split custody considerations
- Sincerity of parent’s request – Is the request for custody simply for the purpose of reducing a parent’s child support obligation?
- Impact on state or federal assistance
Divorce, Custody & Family Law in Maryland
With offices in Silver Spring and Rockville, MD, Andalman & Flynn offers legal representation to divorce clients in Montgomery County as well as in Prince George’s, Howard, Frederick, Anne Arundel and surrounding counties. We know how complex and sensitive matters involving divorce and children can be, and we want to make sure your children’s best interests are well taken care of as they begin a new way of life.
We can assist you in resolving your divorce and child custody matters in court or through alternative means of resolution. Contact attorney Kate McDonough today at 301-563-6685 or kmcdonough@a-f.net for a consultation.
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