Bethesda Child Custody Attorney
When going through a divorce or separation as a parent, one of the most important aspects of the process is establishing child custody. In Maryland, the courts recognize that it is in a child’s best interests to spend meaningful time with both parents (except in rare circumstances), and all child custody determinations focus on protecting the best interests of the children involved. Bethesda child custody attorney Brandon Bernstein has been helping divorcing and separating parents establish parenting plans for more than a decade. He can use his experience to help you secure your desired custody rights in accordance with Maryland law—amicably if possible and in court if necessary.
In addition to representing parents during divorces and separations, Brandon also assists parents with enforcing and modifying their child custody rights. Regardless of your specific needs, we can help if you have questions about child custody, and we encourage you to schedule a time to discuss your personal circumstances in confidence.
Establishing Child Custody Rights During a Divorce or Separation
Maryland still primarily follows the established case law in Taylor v. Taylor and Montgomery County v. Sanders; but it should be noted that the state’s child custody laws underwent a major overhaul in 2020. As a result of this overhaul, the factors for determining a child’s best interests are now specifically enumerated in Maryland Rule 9-204.1. This Rule also encourages parents to develop a mutually-agreeable parenting plan during their divorce or separation—addressing both legal custody (decision-making authority) and physical custody (parenting time) with their children’s best interests in mind.
Maryland’s “best interests factors” are both non-binding and non-exclusive. Maryland Rule 9-204.1 states that parents “may” consider these factors along with “[a]ny other factor deemed appropriate by the parties.” With that said, divorcing and separating parents will want to focus on these factors in the vast majority of scenarios, giving due weight to each individual factor based on their unique family circumstances. Some examples of Maryland’s “best interests factors” include:
- The stability and foreseeable health and welfare of the child;
- The child’s relationship with each parent and any siblings, other relatives or other “individuals who are or may become important in the child’s life”;
- The child’s developmental needs, including physical safety, emotional security and cognitive growth;
- The child’s day-to-day needs, including education, socialization, and mental and physical health;
- The child’s age;
- The parents’ ability to communicate and resolve disputes without intervention; and,
- The location of each parent’s home in relation to the child’s school and activities.
If divorcing or separating parents are unable to reach an agreement regarding legal custody, physical custody or both, they must submit a Joint Statement of the Parties Concerning Decision-Making Authority and Parenting Time to the court. The court will then issue a binding decision, taking into consideration any areas of agreement and the relevant “best interests factors.” While this will be necessary in some cases, Bethesda child custody attorney Brandon Bernstein has had significant success helping parents amicably negotiate comprehensive parenting plans even in highly contentious situations.
When divorcing or separating parents are willing to work together, they have a variety of options for developing a parenting plan that addresses their respective needs and desires while also complying with Maryland law. If you and your spouse or partner are interested in an alternative custody arrangement—such as co-parenting or bird’s nest custody—Brandon can work with you to develop a plan that will serve your family for years to come.
A Bethesda Child Custody Attorney Can Assist with Enforcements & Modifications
In Maryland, violating the terms of a child custody order or parenting plan can be a serious legal matter. If your former spouse or partner has violated your child custody rights, you have clear legal remedies available. Bethesda child custody attorney Brandon Bernstein can assess your situation and help you decide how to move forward—whether this involves attempting to work out an amicable resolution or filing an enforcement action in court.
Obtaining court approval for modification of a child custody order or parenting plan requires evidence of a material change in circumstances. If your current child custody arrangement is no longer working, Brandon can help you seek a modification based on events that have transpired subsequent to your separation or divorce. Negotiating a modification is an option as well—and, here too, the terms of your agreement must comply with Maryland’s “best interests of the child” standard.
FAQs: Understanding Child Custody in the Context of a Divorce or Separation in Maryland
Is It Possible to Obtain Sole Custody in Maryland?
While it is possible to obtain sole custody in Maryland, sole custody awards are generally reserved for cases in which it is not in a child’s best interests to spend time with one parent after a divorce or separation—usually due to concerns of violence, drug use, incarceration or similar types of issues. One must also keep in mind and be aware of the factors related to sole legal and physical custody. Sole legal custody can be granted in cases where parents can’t communicate and reach shared decisions. However, primary physical custody generally means a child can spend a certain number of overnights with one parent. As of now, the law allows for shared physical custody even if the non-primary parent has the child for 92 overnights a year.
Do Maryland’s Child Custody Laws Favor the Mother in Opposite-Sex Separations and Divorces?
No, Maryland’s child custody laws do not favor either parent. The child’s best interests are the central focus in all cases.
How Can I Get My Spouse or Partner to Agree to a Reasonable Child Custody Arrangement?
Even if your spouse or partner is being unreasonable, it may still be possible to negotiate a mutually-agreeable parenting plan. There are several tactics an experienced Bethesda child custody attorney will be able to use to help steer your negotiations in the right direction.
Is the Parent Who Receives Primary Physical Custody Entitled to Child Support?
While child custody and child support are related to an extent, a parent who receives primary physical custody won’t necessarily be entitled to child support in all cases. There are several other factors involved in determining parents’ child support obligations as well.
Is Co-Parenting an Option in Maryland?
Yes, co-parenting is an option in Maryland, and it is becoming increasingly popular among divorcing and separating parents who have young children. If you are interested in co-parenting, we encourage you to contact us to learn more.
At What Age Can a Child Choose to Live With a Parent?
Child custody decisions are among the most contentious and emotionally burdensome issues in family law. Parents develop unique bonds with their children during the marriage, but divorce can test those bonds. As such, family law courts approach these issues with great sensitivity, looking at the circumstances in their totality and trying to make the best decision for all parties involved.
When determining whether a particular custody arrangement will be in the best interests of a child, Maryland courts consider the following factors, among others:
- The fitness of each parent
- The child’s primary caregiver
- The child’s preference
- The ability to maintain family relationships
- The material opportunities afforded by each parent
- The character and reputation of the parents
- The age, health, and gender of the child
- The residences of the parents and the opportunity for visitation
- Any prior abandonment or surrender of custody
- Any agreements between the parents concerning custody
A child cannot choose to live with a parent at any age. However, the courts do take the child’s preferences into consideration as one factor among many. The weight courts give to such preferences depends upon the child’s age, the child’s ability to make rational choices, and the child’s ability to tell the truth. This generally means that the older and more mature the child is, the more weight will be given to his or her preference.
Once a child custody order is in place, a child who is the subject of that order may file a petition to modify it — including a change of residence — when he or she is 16 years old or older. The court will then hold a hearing to allow the child an opportunity to be heard. If the court determines that the child’s request is in his or her best interest, it will modify the order and place the child in the custody of the child’s preferred parent. If your child wishes to modify a custody agreement, please consider speaking with a Bethesda child custody attorney.
Types of Child Custody in Maryland
There are two forms of custody in Maryland family law: legal custody and physical custody.
Legal Custody in Maryland
Legal custody refers to the rights and responsibilities of a parent to make decisions affecting the child’s health, safety, and welfare. This includes making decisions about the child’s education, relationships with other family members, religious observance, and medical care, among other issues.
In most cases, the Maryland Courts favor divorced and separated parents sharing legal custody rights. This “sharing” can take a variety of forms, and, when going through a divorce or separation, parents have the ability to develop an arrangement that works for both of them—provided that they are willing to work together. An experienced Bethesda child custody attorney can help, and at The Law Offices of Brandon Bernstein, LLC, our family law attorneys have extensive experience assisting parents in developing mutually agreeable post-divorce and post-separation legal custody arrangements.
While the Maryland Courts favor shared legal custody in most circumstances, there are exceptions. For example, if one parent has a recent history of domestic violence, child abuse or substance abuse, this is a scenario in which sole legal custody may be warranted. If you believe that it is in your children’s best interests for you to seek sole legal custody—or if you believe that your spouse or partner will try to seek sole legal custody in your divorce or separation—our attorneys can advise you in light of the specific circumstances at hand.
Physical Custody in Maryland
Physical custody refers to the right and responsibility of a parent to care for the child’s physical and day-to-day needs. This includes providing for the child’s housing, clothing, meals, hygiene, and supervision, among other things.
Here, too, the Maryland Courts prefer shared parental involvement in most (but not all) cases. Shared physical custody arrangements can take many forms, including, but not limited to:
Equal Shared Physical Custody
In some circumstances, it will be in a child’s best interests to spend an equal amount of time with both parents after a separation or divorce. Equal shared custody has become increasingly common in recent years. But, for equal shared custody to work, both parents need to be willing to put in the effort, and spending equal time at both parents’ homes must not unduly interfere with the child’s education or relationships with friends or other family members.
Unequal Shared Physical Custody
Unequal shared physical custody arrangements can range from traditional custody-and-visitation arrangements to arrangements in which the child spends a designated (but unequal) amount of time at each parent’s home each week. When deciding whether an unequal shared custody arrangement makes sense, parents must focus on their children’s best interests. Maryland law does not inherently favor either parent in child custody matters (or in other family law matters), so establishing an unequal shared physical custody arrangement requires a determination that it is in a child’s best interests to spend more time with one parent than the other.
Co-Parenting
Co-parenting is becoming an increasingly popular option in Maryland. With co-parenting, both parents continue to jointly play a role in their children’s lives after their separation or divorce. This requires a significant amount of flexibility and collaboration in order to avoid child custody disputes—and it won’t make sense in all cases. But if co-parenting makes sense in your case, it could be a favorable form of shared custody. If you would like to know about co-parenting, a Bethesda child custody attorney at our firm can explain everything you need to know.
It is not uncommon for divorced parents to share both legal and physical custody of their children. Courts generally prefer shared legal and physical custody; but, as discussed above, there are some situations in which a child may be better served by living with only one parent or having only one parent make important decisions for them. However, these situations are intensely fact-specific. For more information about the types of custody arrangements available in Maryland, contact us to speak with a Bethesda child custody attorney at our firm about your family’s circumstances in confidence.
Schedule a Free Initial Consultation with Bethesda Child Custody Attorney Brandon Bernstein
If you have questions about child custody, your next step is to schedule a free initial consultation. Please call 240-395-1418 or get in touch online to schedule an appointment with Bethesda child custody attorney Brandon Bernstein today.