Child Custody Attorneys in Montgomery County, MD

Assisting Clients Dealing With Child Custody Disputes in Montgomery County

Child custody is perhaps one of the most contested aspects of a divorce, and often the most emotionally draining factor as well. Being prepared to show the judge you are a good parent and acting with objectivity and clarity is really important – but not always easy. That is when having a strong child custody attorney on your side can positively impact the outcome of your case. At Paré & Associates, LLC, our attorneys assist clients with a wide variety of child custody-related issues. Here are a few important answers to common questions regarding child custody in Maryland.

How Does Child Custody Work in Maryland?

In Maryland, child custody is divided into legal custody and physical custody. Legal custody is the right to make important decisions on behalf of the child. That may include the right to decide which doctors and medical treatment the child may receive, where the child may attend school, and what kind of religious upbringing the child will receive. Physical custody determines who the child will reside with.

A couple may share legal custody of their child, but only the mother (or the father) might receive sole physical custody, resulting in the other (non-custodial) parent visiting the child according to a predetermined parenting schedule. In other cases, both legal and physical custody are shared by both parents. These situations are referred to as joint custody or sole custody. Joint and sole custody can be legal, physical, or both. Each custody case is unique and may result in a unique custody arrangement depending on what the court determines to be in the child’s best interests.

Besides the aspects decided by a judge, you and your ex may want to add your own provisions covering how a variety of child custody aspects will be handled. Those may include how visitation will work for the non-custodial parent, how parental duties will be shared, who will claim the child as a dependent on their tax returns, and how vacation time will work. The judge will review your plans and may approve them if they align with the child’s best interests.

How Does a Judge Determine Which Parent Gets Legal Custody in Maryland?

As previously mentioned, Maryland courts typically follow the “best interest of the child” legal standard when making custody decisions. A judge uses several factors to make that decision. Those may include determining who is the primary caregiver for the children (i.e., who handles their day-to-day routines such as feeding, getting dressed, going to school, etc.); which parent is physically and psychologically able to handle the children and raise them ethically and morally; how far apart do both parents reside and which parent lives closer to the child’s school and extended family; and in some cases, the child’s preference (depending on age and level of maturity).

These are just a few examples of factors a judge may use to help decide a child custody case, but there may be many others depending on the judge’s preferences and on your specific case. This also shows that Maryland courts do not automatically favor the mother (or the father) and will likely make decisions based on what is best for the child, not what is most convenient or favorable for the parent. Having a skilled child custody attorney on your side can be an important tool to help you reach a positive outcome for your case.

Are Children Allowed to Choose Which Parent They Want to Live With?

In Maryland, a child’s wishes about which parent they would like to live with can be one of the factors a judge considers when awarding custody to either parent or joint custody to both parents. There is no minimum age for a child’s preferences to be considered – it will depend on the child’s level of maturity.

The child, per se, cannot decide which parent to live with, but parents may agree to allow the child to be interviewed by the judge in the judge’s chambers in order to express her wishes. This is usually done away from the courtroom. Both parties may request that their attorneys be present, and parents may or may not be present while the child is being interviewed.

If the judge believes the child is mature enough to make a rational choice, they may consider the child’s wishes. Ultimately, it is up to the judge to determine whether the child’s wishes align with the child’s best interests.

What constitutes a Material Change in Circumstances for a custody modification?

Custody orders are never truly permanent, but the court will not revisit an order just because a parent is unhappy with the current arrangement. The parent seeking a change to the current agreement must prove that there has been a material change in circumstances. That means a significant shift has occurred since the last order was signed, with the potential to affect the child’s well-being. If the change is not considered material, the judge will dismiss the petition without even looking at the second step. If the change can be proven, the court will then begin a full evaluation of the child’s best interests to determine what the new arrangement will look like.

Some examples of a Material Change of Circumstances include the following:

Relocation: One parent intends to move a significant distance away or out of state, making the current visitation schedule impossible to maintain.
Parental Health Issues: A parent develops a serious physical or mental health condition that impacts their ability to provide proper care or supervision.
Changes in the Child’s Needs: The child has developed new educational, medical, or psychological needs that require a different custody or visitation structure.
Unsafe Environment: Evidence of substance abuse, domestic violence, or neglect in the home of the custodial parent.
Chronic Interference with Visitation: One parent consistently refuses to follow the court-ordered schedule or actively works to alienate the child from the other parent.
Significant Lifestyle Changes: A parent’s work schedule changes drastically, such as moving from a day shift to a night shift, or a new person living in the home creates a negative environment for the child.
Age and Maturity of the Child: As a child gets older, their school schedule, extracurricular commitments, or reasoned personal preferences may render an old custody order obsolete.
Death of a Custodial Parent: If the parent with primary physical custody passes away, it constitutes an immediate material change requiring a new legal determination.

Can a Parent Move a Child Out of Maryland?

The ability of a parent to relocate out of state with a child is regulated in order to protect the child’s relationship with both parents. When a parent wishes to leave the state of Maryland, they must clear several hurdles. First, they will have to give a written notice to the other parent and the court at least 90 days before the move. This notice must be delivered by certified mail, return receipt requested, to the last known address of the non-relocating parent. Once the notice is received, the non-relocating parent has 20 days to file a petition with the court to object to the move and request a hearing. The court may waive the need for this notice if the relocating parent can prove that providing a notice could expose them or their child to domestic abuse or other immediate danger.

A significant relocation is considered a material change in circumstances, which triggers a formal review of the existing custody order. The move is not automatically approved. The judge will carefully consider the circumstances, the impact on the non-relocating parent’s visitation rights, the motive of the move, and the child’s best interests.

If a parent moves with their child without first obtaining the court’s approval, the court may order the child’s immediate return. They may find the other parent in contempt of court or make a significant modification to the custody agreement that favors the non-moving parent. The court has the power to issue emergency orders preventing a parent from removing a child from the state if there is a credible risk of wrongful removal.

What Happens When a Parent Refuses to Follow a Court-Ordered Visitation Schedule?

Visitation schedules are legally binding directives, and failing to abide by this court-ordered agreement can have significant potential consequences. The primary tool a parent has when the other parent is not complying with the agreement is to file a Petition for Constructive Civil Contempt. This asks the court to find the other parent in violation of a specific order and compel them to comply. When filing for contempt, the court may issue a Show Cause Order, which legally requires the non-compliant parent to appear in court and explain why they should not be held in contempt.

The court has the authority to order that any missed visitation time be rescheduled to ensure the child maintains a consistent relationship with both parents. If the court determines that the denial of visitation was unjustified, it may order the non-compliant parent to pay the other parent’s legal fees and court costs associated with the enforcement action.

When this interference with visitation becomes frequent or severe, it may constitute a material change in circumstances. This allows the aggrieved parent to petition the court to modify the custody agreement permanently to better protect the child’s interests. Stricter terms, such as required supervised exchanges at a neutral location, may be ordered.

The court even has the authority to order jail time for a parent who willfully and repeatedly refuses to follow the court’s visitation orders.

It is important to remember that child custody and child support are seen as legally separate issues. If your ex fails to pay the child support they owe, it does not give you the authority to refuse visitation. Doing so could land you in some hot water with the courts.

If your ex isn’t letting you spend time with your child, or they aren’t upholding their financial obligations, it can feel like you’re fighting an uphill battle. If you don’t know where to start, then speak to our family law attorneys to find out what your next steps should be.

How Can a Child Custody Attorney Help Me?

Each child custody case is unique and can become quite complex. It may be hard to maintain clarity of thought when you are afraid or unsure of what will happen and how you will continue to be part of your child’s life. Having an attorney on your side can help you think objectively and be better prepared to show the court that you can provide a safe, nurturing environment for your child to be raised in while also looking out for his or her interests.

Your attorney can help you with the formalities required for the child custody process, such as filing the right forms and submitting proper supporting documentation, but more than that, an attorney can help you put together a strategy to maximize your chances of winning your custody case. If you have questions about child custody or are facing a child custody dispute in or near Germantown, Silver Spring, and throughout Montgomery County, Maryland, MD, call Paré & Associates, LLC today at (301) 962-2492 to schedule a consultation.