How to Get Full Custody of a Child in Maryland

If you’re experiencing a divorce or separation with someone you share a child with, it’s important to address the matter of child custody. In Maryland, courts typically prefer joint custody arrangements, as they consider it beneficial for the child to maintain relationships with both parents.

However, there are situations where one parent may seek full custody for their child. This is especially true if they believe it is necessary for their child’s well-being. In order to understand how one parent may be awarded full custody, you must first understand how child custody decisions in Maryland are made.

Given the unique nature of each custody case, a Maryland family law court may issue various forms of child custody orders. Importantly, all decisions will hinge on the child’s best interests standard.

That standard is a legal principle mandating that all decisions concerning a child should prioritize the child’s interests. It emphasizes the child’s well-being, safety, and overall development, placing these factors above the personal preferences or interests of the parents.

In Maryland, full custody typically refers to sole physical custody, where one parent has the child living with them most of the time and is responsible for the day-to-day care of the child. The parent may also have sole legal custody, meaning they have the authority to make major decisions about the child’s life, such as education, health care, and religious upbringing.

In Maryland, legal custody, whether sole or joint, grants the authority to make important decisions that affect a child’s life, such as:

• Educational Decisions: A parent with legal custody can choose their child’s school, courses, extracurricular activities, and guide their overall educational path
• Religious Decisions: Parents with legal custody can decide on the child’s religious upbringing, including participation in religious activities and education
• Legal Decisions: Parents can act on behalf of their child in legal matters, including signing contracts and making other necessary legal decisions
• Medical Decisions: Parents have the authority to make decisions regarding their child’s medical treatments, procedures, and the selection of healthcare providers
• Psychiatric Treatment: Parents can make decisions concerning their child’s psychiatric care and treatment plans.

As can be seen, having sole legal custody means the custodial parent has the complete authority to make significant decisions without needing the other parent’s consent. However, it is always encouraged to act in the child’s best interest and involve the other parent when possible.

Primary physical custody means the child primarily resides with one parent, although the other parent may still have visitation rights. A full custody arrangement can be granted if the court determines it is in the child’s best interests.

One situation in which it may be in a child’s best interest for a full custody arrangement to be ordered is in cases where one parent might be unable to provide their child a safe and stable environment.

As for the legal steps required to obtain full custody of your child in Maryland, a general roadmap includes:

• Filing a Petition: First, you must submit a formal request for full custody to the family court with jurisdiction over your case
• Serving the Other Parent: You must then ensure the other parent receives a copy of the custody petition by legally serving them
• Attending Mediation: Courts will often mediation in order to encourage cooperation between parents and have them attempt to reach a custody agreement
• Child Custody Evaluation: You must then undergo a custody evaluation, which may include interviews, home visits, and observations
• Court Hearings: Unless both parties agree to a custody order, the court will then set the case for a hearing, and you will need to attend court hearings where both parents present their cases
• Final Decision: The judge will then make a final decision based on the child’s best interests

What Are the Requirements for Full Custody?

In Maryland, full custody requirements are determined by the best interests of the child standard, which takes into account:

• The child’s emotional and physical well-being
• The child’s relationship with each parent
• Each parent’s ability to provide for the child’s needs
• The child’s adjustment to home, school, and community
• The child’s preference, if the child is of sufficient age and capacity to make a reasonable choice

Specifically, the statute concerning the child’s best interest standard in Maryland can be found in Maryland Code, Family Law Article Section 5-203(d) for initial custody cases, and Section 8-103(a) for modifications of custody arrangements.

How Is Custody Determined?

In Maryland, custody laws for unmarried parents are designed to ensure that both parents have the opportunity to be involved in their child’s life, provided it serves the child’s best interests. Custody in Maryland is typically determined by a family law court in the following manner:

• Best Interests of the Child: The court’s primary concern is the child’s overall well-being, safety, and development, which involves considering factors such as the child’s physical and emotional health, the stability of each parent’s home environment, and the ability of each parent to provide a nurturing and supportive atmosphere
• Parent-Child Relationship: The court will also closely examine the existing relationship between each parent and their child, which includes assessing the level of involvement each parent has in the child’s life, the emotional bond between them, and the parent’s ability to support and foster the child’s emotional and social development
• Parental Abilities: The court evaluates each parent’s capability to meet the child’s needs
• Child’s Adjustment: The court considers the child’s adjustment to their current home, school, and community, including examining how well the child is doing academically, socially, and emotionally in their current environment, as well as the potential impact of any changes to their living arrangements
• Child’s Preference: If the child is of sufficient age and capacity to make a reasonable choice, the court may take their preference into account
  • Although the child’s wishes are considered, they are not the sole determining factor

In addition to the above, both parents are responsible for financially supporting their child. If one parent has more custodial rights than the other, the court may order the noncustodial parent to pay child support.

A local Maryland attorney can help guide you through Maryland’s specific rules regarding obtaining custody of your child. They can also assist in establishing paternity if it has not yet been established

In addition to the above, both parents will also be responsible for financially supporting their child. In cases where one parent has more custodial rights than the other parent, child support may be ordered by the court with the noncustodial parent having an obligation of paying child support.

Do I Need To Hire a Lawyer for Help With Child Custody Issues?

If you are going through a divorce or separation from someone with whom you share a child and believe you should be granted full custody, it’s in your best interest to consult with an experienced Maryland child custody lawyer.

LegalMatch can help you set up an initial lawyer consultation. An experienced child custody attorney can guide you through Maryland’s specific child custody laws and help determine if seeking full custody is appropriate given your unique circumstances.

They can also assist in reaching an agreed custody order with the other parent and draft an order to present to the court. If an agreed order is not possible, an attorney can help you properly draft, file, and serve the other parent in a custody action.

A lawyer will ensure your parental interests are protected throughout the custody case and provide representation during an emotionally charged situation. This includes offering legal advice and answering any questions you may have during the case. Finally, an attorney can also represent you in court, if necessary.