Divorce FAQ: What’s the likelihood I can get custody of my kids?

If there’s a single question that’s most common in divorce proceedings, it’s a spouse looking to learn the likelihood of receiving custody of his or her children. There is not a precise “formula” to determine this, and it’s very much dependent on the specific factors of your case.  However, the Court will consider several factors as set forth in Maryland case law.

The overall guiding principle behind the determination is what’s in the best interests of the child or children. How that conclusion is reached can be highly complex, including whether or not there’s history of abuse or prior voluntary abandonment.

Additional factors include fitness of the parents, material advantages, character and reputation, and the child’s desires, along with the residences of the parents, the length of separation from the natural parents, and the potential for maintaining natural family. Other factors range from gender and religion, to preexisting agreements between you and your spouse, and many others, not to mention of course the desire of the natural parents. There’s also the potential of a court-appointed custody evaluation.

Learn more about Maryland child custody determinations and how we may be able to help, or continue reading through our list of the top divorce FAQs. Call our office at 240.395.1418 with any questions or to schedule a free consultation.