Developments In Maryland Child Custody Law

Child custody is, for many parents, the most heart-wrenching part of divorce. The thought of having to divide your children’s time and physical presence between you and your soon-to-be ex can be difficult. While Maryland’s case law is well settled about the factors to be considered by a court in determining child custody, these factors are not embedded in Maryland state statutes. This year, the Maryland legislature will again consider formalizing these child custody standards into law.

Filing For Child Custody In Maryland

You can file your child custody case in Maryland if:

• The child lives in the state of Maryland, which is the child’s home state, and the parent has sufficient contact with the state. This means that the parent either works, votes, lives, or pays taxes in Maryland.
• Even though the child is not in Maryland now, Maryland was the child’s home state within the last six months, and the parent filing for custody continues to live in Maryland.
• The child and at least one of the parents have a significant connection with Maryland – that is, they live, work, or go to school here – and in Maryland, there are more records and witnesses to give evidence of the child’s present or future care, protection, training, and personal relationships.
• The child is physically present in Maryland and was abandoned, or emergency protection is necessary. Generally, an emergency means the child was threatened or a victim of abuse or neglect. 

Maryland’s Standards for Granting Child Custody

In Maryland, two cases set the standard for child custody. In Taylor v. Taylor, a 1984 case, the court found that both parents could be fit parents, and therefore, a judge could order joint custody. 

In Montgomery County v. Sanders, a 1978 case, the court set out the following non-exclusive factors for a circuit court to consider in child custody determinations: 1) fitness of the parents; 2) character and reputation of the parties; 3) desire of the natural parents and agreements between the parties; 4) the ability to maintain natural family relations; 5) preference of the child; 6) material opportunities affecting the future life of the child; 7) age, health, and sex of the child; 8) residences of parents and opportunity for visitation; 9) length of separation from the natural parents; and 10) prior voluntary abandonment or surrender.

Maryland has also developed some “child’s best interests” factors that are now specifically enumerated in Maryland Rule 9-204.1. This Rule also encourages parents to develop a parenting plan during their divorce or separation that addresses legal custody and physical custody with their children’s “best interests” in mind. Legal custody relates to parental decision-making authority, and physical custody relates to parenting time. 

It’s important to be aware that Maryland’s “best interests factors” are both non-binding and non-exclusive. 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.

As you can see, these factors are additive to the Montgomery County decision’s ten non-exclusive factors to be considered in a child custody case.

Possible Legislative Changes In Maryland Child Custody Law

Proposed legislation known as “The Custody Factors Act,” Senate Bill 548, was recently introduced by Sen. Mary James of Maryland’s District 34.  The Bill would authorize a Maryland court, in determining legal and physical custody in certain child custody proceedings, to consider those factors in the Maryland County case. Again, this bill would not make substantive changes to the way child custody is currently analyzed in Maryland but rather codify the current case law. 

The bill would also authorize the court to modify a child custody or visitation order if the court determines that there has been a material change in circumstances since the issuance of the order that related to the needs of the child or the ability of the parents to meet those needs, and that modifying the order is in the best interests of the child. 

One of the underlying purposes of The Custody Factors Act is to help self-represented Maryland parents understand the factors they must prove in court to obtain custody. According to the Bill’s sponsor, the average layperson who comes to court has no idea what the precedential court decisions are, how to look them up or find them, and they don’t know what factors the judges are going to consider when making a decision. In short, the intent of the bill is to level the playing field for parents who don’t have attorneys representing them in their child custody cases.

Contact The Law Offices of Brandon Bernstein, LLC

Child custody is among the most combative and emotionally-charged issues in family law. Most parents develop special and loving relationships with their children during the marriage, but divorce can test those bonds. Courts try to view child custody cases carefully and sensitively, viewing the situation as a whole and trying to look at the whole picture. When divorcing or separating parents decide to put their animosity and anger aside and try to work amiably, there are a variety of creative solutions that can be employed to develop a parenting plan that addresses everyone’s needs while also complying with Maryland law. If you and your spouse or partner are interested in working with a Bethesda child custody attorney to develop an alternative custody arrangement—such as co-parenting or bird’s nest custody—the Law Offices of Brandon Bernstein can help. 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 today.