How Is Child Custody Determined In Family Court?

In many states including Maryland, the primary focus of any child custody case will be to make decisions that are in the best interests of the children involved. While judges have a wide degree of discretion when it comes to making decisions, specific criteria must be followed to ensure the safety and wellbeing of the children. There are many components that factor into how child custody is determined in family court, and it is important that you understand how each component works.

What Factors Do Courts Consider For Custody?

The court will take into consideration a number of unique factors when working to determine a custody arrangement that is in the best interests of your children. Primarily, the courts will examine and take note of your child’s relationship with each parent in order to determine who is in the best position to provide emotional and financial support.

Another key consideration from the court will be the physical and emotional health of each parent along with your ability to provide a stable living environment for your child. This can include factors such as any history of abuse or neglect as well as each parent’s ability to cooperate and communicate. If applicable, children over the age of 16 may also have a right to express their preferences for custody to be considered by a judge.

What Is The Difference Between Legal And Physical Custody?

It is of great importance to understand the difference between physical custody and legal custody, as each can have their own implications on your child’s future. Physical custody refers to where your child lives and who is responsible for their day-to-day care. This could come in the form of primary physical custody, where the child largely lives with one parent, or joint physical custody, meaning that the child spends significant time with both parents on a regular basis.

On the other hand, legal custody refers to a parent’s ability to make important life decisions for a child about matters such as the education, healthcare, and general wellbeing of your child. Legal custody works in a similar way to physical custody, responsibility can either be shared or assigned to one parent. Joint legal custody means that both parents are responsible for making decisions for the child even if one parent has primary physical custody, whereas sole legal custody grants decision making authority to one parent.

Can My Child Choose Which Parent To Live With?

While Maryland law does not allow for your child to specifically choose which parent they live with, the preferences of children over 16 may be taken into account by the court regarding which parent they would prefer to live with. However, this is not the sole deciding factor, as the court will consider things such as the child’s age and their physical and mental wellbeing as well as the ability of each parent to provide a stable, supportive environment.

Additionally, it is possible that the court will still consider the wishes of children under 16 when it comes to their preference of which parent they should live with. Ultimately however, there are a number of outside factors that the court must pursue in order to make a decision that is best for the future of your child.

How Can A Parent Lose Custody Rights?

If it is determined that you are unfit or unable to provide a safe and stable environment for your children, you can run the risk of losing your custody rights. This determination can be made based on factors such as abuse or neglect, domestic violence, mental illness, or suspected substance abuse. Like in any other area of child custody, the court will prioritize the best interests of the children.

If you are concerned about your custody rights, it would be wise to consult with a child custody lawyer who can advocate in your defense and help you to build a strong case to protect your custody rights. Your lawyer will help you to remain compliant with court orders and provide compelling evidence to prove your fitness to provide a stable environment for your child.

How Do Courts Handle Custody Modifications?

In order to modify your custody agreement, you will first need to request a change by filing a petition for modification of custody. This petition explains the reason for your requested change and displays how this change would be in your child’s best interest. When you team up with an experienced child custody modification lawyer in Frederick MD, you will be able to file your petition with confidence and peace of mind.

It is important to know that Maryland courts will only consider your petition for modification of custody if there has been a significant change in circumstances since the initial custody agreement. These changes can include new medical or educational needs for your child, substance abuse or criminal behavior, and a parent’s failure to comply with an existing custody agreement.

Sandra Guzman-Salvado: Advocating On Behalf Of Families In Frederick, MD

Do you need a child custody lawyer in Frederick, MD who will advocate for your rights and protect the futures of your children? Attorney Sandra Guzman-Salvado is standing by to utilize her more than 20 years of legal experience to fight for your peace of mind. Don’t allow yourself to go through your custody battle alone, call (301) 340-1911 to get in touch with the dedicated team at the Law Offices of Sandra Guzman-Salvado and get started with an initial consultation today.