In Maryland, there are two types of custody which are subject to the court's oversight: legal custody and physical custody. You should discuss both types of custody with your attorney and, if possible, with the other parent of your children. Most courts will order you and the other parent to participate in mediation to help you reach agreement. If you cannot come to an agreement with the other parent, the court will use its judgment to decide what it thinks is in your children's best interest. Except in certain circumstances, courts generally find that it is in children's best interest to spend some time with each parent, and parents have constitutional protections to ensure their right to parent their children.

Legal custody is the "right and obligation to make long range decisions involving education, religious training, discipline, medical care, and other matters of major significance concerning the child's life and welfare," Taylor v. Taylor, 306 Md. 290, 508 A.2d 964 (1986). If you and the other parent are able to discuss such issues and come to a decision that you both think is in your children's best interest, you may agree to have joint legal custody. Absent some showing that the parents are unable to work together or that one parent is irrational regarding the children, the courts generally award joint legal custody. If appropriate, the courts can award sole legal custody to one parent.

Physical custody is the "right and obligation to provide a home for the child and to make the day-to-day decisions required during the time the child is actually with the parent having such custody," Taylor v. Taylor, 306 Md. 290, 508 A.2d 964 (1986). This includes decisions regarding housing, food, clothing, general entertainment and hygiene. If you are able to negotiate with the other parent to arrange a physical custody schedule that considers both parents' employment schedules as well as the health, educational, extracurricular and entertainment needs of your children, the court will generally agree to that schedule. One parent should always have residential custody for school enrollment purposes under any circumstances. If you are unable to work out a schedule on your own or through the mediation process, the court will review the evidence and award physical custody to one or both parents and may award visitation to the non-custodial parent. In extreme cases, the parties can agree to or the court can order no visitation, supervised visitation, or monitored exchanges of custody. The court uses factors set out in the case Montgomery County v. Sanders, 38 Md. App. 406, 419, 381 A.2d 1154 (1977) to assist it in making its decision.

A determination of custody should be made before child support can be calculated. Please see my informational page regarding child support for more information. Please call if you would like to schedule a consultation.