Child Custody

Maryland Child Custody Lawyers

For parents, no issue in a divorce or separation is more important than the well-being of their children. Child custody disputes are often the most emotionally charged and fiercely contested aspect of family law. The decisions made about where a child will live and how parents will make decisions for them have a profound and lasting impact on the entire family.

In Maryland, the legal system for determining custody is complex, guided by the overarching principle of the “best interests of the child.” Navigating this system requires not only a deep understanding of the law but also the ability to present a compelling case that focuses on the child’s needs.

At Nguyen Roche Sutton, we recognize that child custody matters are about more than just legal rights; they are about protecting your relationship with your child and ensuring their future is secure. Our attorneys approach custody cases with a combination of compassionate guidance and strong, strategic advocacy.

We are experienced in handling high-conflict custody disputes, including those involving allegations of misconduct or complex family dynamics. Our approach ensures that we are always prepared to protect our clients’ parental rights, whether through negotiation, mediation, or in the courtroom.

Types of Child Custody in Maryland

Maryland law distinguishes between two types of custody: legal custody and physical custody. It is common for the court to award some form of joint custody, but the specific arrangement can vary greatly.

• Legal Custody: This refers to the right and responsibility to make long-term decisions about a child’s upbringing. This includes major decisions regarding education, non-emergency medical care, and religious instruction. Courts can award sole legal custody to one parent or joint legal custody to both parents. Maryland courts favor joint legal custody, as it promotes the involvement of both parents in the child’s life. With joint legal custody, parents are expected to communicate and cooperate in making these important decisions.
• Physical Custody: This refers to where the child lives on a day-to-day basis. One parent may be granted primary physical custody, meaning the child lives with them most of the time, while the other parent has a schedule of visitation or “access.” Alternatively, parents may have shared physical custody, where the child spends close to an equal amount of time living with each parent. A shared physical custody arrangement does not necessarily mean a 50/50 split of time.

The “Best Interests of the Child” Standard

When parents cannot agree on a custody arrangement, a Maryland court will make the decision based on the “best interests of the child” standard. This is a broad, discretionary standard that allows a judge to weigh numerous factors to determine what arrangement will best promote the child’s welfare and happiness. There is no single factor that is determinative.

Some of the key factors a Maryland court will consider include:

• The fitness of each parent.
• The character and reputation of the parents.
• Any agreements between the parents.
• The potential of each parent to maintain family relationships.
• The child’s preference, if the child is of sufficient age and maturity.
• The material and financial circumstances of each parent.
• The age and health of the child.
• The residence of each parent and opportunities for visitation.
• The length of any separation between a parent and child.
• Any history of prior abandonment or surrender of custody.
• Any history of abuse or neglect.

Because the standard is so broad, the outcome of a custody case often depends on the ability of an attorney to gather and present persuasive evidence related to these factors.

Creating a Parenting Plan

A parenting plan is a detailed, written agreement that outlines how parents will raise their children after a separation or divorce. A comprehensive parenting plan can help reduce conflict and provide stability and predictability for the children. Maryland courts encourage parents to work together to create a parenting plan. A well-drafted plan should address:

• A Regular Custody Schedule: This details where the children will be on weekdays, weekends, and overnights.
• Holiday and Vacation Schedules: This outlines how holidays, school breaks, and summer vacations will be divided.
• Decision-Making (Legal Custody): The plan should specify how major decisions will be made, whether by one parent or jointly.
• Communication: It should set clear guidelines for how the parents will communicate with each other about the children.
• Transportation: The plan should detail who is responsible for transporting the children for exchanges.
• Dispute Resolution: It can include a process for resolving future disagreements, such as requiring mediation before returning to court.

We work with clients to negotiate and draft detailed parenting plans that are tailored to their family’s unique needs and that serve the best interests of their children.

Modifying a Child Custody Order

Life circumstances change, and a custody order that was appropriate when it was issued may no longer be in the child’s best interests months or years later. In Maryland, a custody order can be modified if there has been a “material change in circumstances” since the date of the last order.

A material change could include:

• A significant change in a parent’s work schedule or employment.
• The relocation of a parent.
• A change in the child’s needs as they get older.
• A change in a parent’s health or living situation.
• Evidence that the current custody arrangement is detrimental to the child.

To modify an order, a parent must file a formal motion with the court and prove that a material change has occurred and that a modification is in the child’s best interests. We represent parents seeking to modify custody orders as well as those opposing a modification.

How Nguyen Roche Sutton Advocates for You and Your Children

At Nguyen Roche Sutton, we provide the sophisticated legal strategies often found at larger firms, but with the one-on-one, personalized counsel your family deserves. We understand that nothing is more important than your children, and our role is to provide the clear-headed guidance needed to protect your relationship with them.

You will work directly with an experienced attorney who is skilled at building a strong evidentiary case, working with custody evaluators, and advocating persuasively in court. We are dedicated to achieving a favorable resolution that protects your children’s best interests while ensuring you receive the responsive communication you need during this challenging time.

Schedule a Consultation

If you are facing a child custody dispute in Maryland, it is essential to have an experienced attorney on your side. Contact Nguyen Roche Sutton to schedule a confidential consultation to discuss your case and learn how we can help.

Call (443) 702-5769 or complete our online contact form to schedule a consultation.

Frequently Asked Questions (FAQs)

At what age can a child decide which parent to live with in Maryland?
There is no specific age at which a child can definitively decide where they will live. However, Maryland law allows a judge to consider the preference of a child who is of sufficient age and maturity to form a rational judgment. Generally, the older a child is, the more weight a judge is likely to give to their preference, but it is just one of many factors the court will consider.

What is a Best Interest Attorney (BIA)?
In a high-conflict custody case, a court may appoint a Best Interest Attorney (BIA) to represent the child. The BIA does not represent either parent. Their role is to conduct an independent investigation, meet with the child and the parents, and make a recommendation to the court about what custody arrangement they believe is in the child’s best interests.

Can a parent with a history of substance abuse get custody?
A history of substance abuse is a significant factor that a court will consider when determining custody. However, it does not automatically disqualify a parent from having custody or visitation. The court will look at evidence of recovery, such as participation in treatment programs, and may order supervised visitation or other safeguards to ensure the child’s safety.

How does relocation affect child custody in Maryland?
If a parent with custody wishes to relocate with the child, particularly out of state, it can be a very complex issue. If the other parent does not consent to the move, the relocating parent must obtain a court order. The court will decide whether to permit the relocation based on what is in the child’s best interests, considering factors such as the reason for the move, the impact on the child’s relationship with the non-relocating parent, and the opportunities available in the new location.

What is a parenting coordinator?
A parenting coordinator is a neutral third party, often a mental health professional or an attorney, who is appointed by the court to help high-conflict parents resolve day-to-day disagreements about their children and their parenting plan. A parenting coordinator can help facilitate communication and make recommendations, but they do not have the authority to change a court-ordered custody schedule.

Do grandparents have custody rights in Maryland?
Maryland law allows grandparents to seek custody or visitation of their grandchildren in certain circumstances. To be successful, a grandparent must overcome the legal presumption that a parent is acting in their child’s best interests. This is a high legal standard to meet, and a grandparent must typically show that the parent is unfit or that exceptional circumstances exist that would make a denial of visitation detrimental to the child.