Preparing for Your Maryland Child Custody Hearing

Divorce and child custody issues are, in most cases, emotionally draining on the entire family. If you have a child custody hearing soon, it’s important to know what to expect and how to conduct yourself. Being prepared will help you feel confident and present yourself in the best possible light. Below, our Bethesda child custody lawyer discusses how to prepare.

During your first meeting, your lawyer should review the specific details of your case, along with relevant documentation, evidence, and witness testimony. The lawyer should also provide an overview of Maryland laws and regulations relevant to child custody proceedings. The attorney will provide more details, but here is a brief overview of what you need to know:

• Opening a Child Custody Case – You can open a child custody case as part of a divorce proceeding or annulment, or as a separate matter. Opening a case involves completing standard forms and filing them with a Maryland circuit court where you or the other parent lives. You must serve the other party, either by certified mail or hand delivery.
• Track Assignment – Each case is assigned a track based on its complexity. More complicated cases are assigned higher track numbers. Usually, case managers suggest a track, but you may request a specific track.
• Emergency Hearing, If Necessary – In some cases, an emergency hearing may be necessary if your child’s safety and well-being are at risk. The quickest way to get temporary emergency custody is to apply for a protective order for yourself if you’re a domestic violence victim, or on behalf of your child. Otherwise, you can file for emergency relief, though this route takes longer because you must schedule a hearing.
• Scheduling Conference – Within 60 days of filing your paperwork, the court will hold a scheduling conference. The court will confirm your track and map out how your case will proceed. You’ll receive information about parenting plans so you and the child’s other parent can work on one together. A parenting plan is required for all minor children and must be comprehensive, detailing both legal and physical custody arrangements.
• Hearing Phase – During the hearing phase of your custody case, you’ll appear before a judge who understands the complexities of family law and child custody issues. Both parties will have the opportunity to outline their positions and explain why their proposed arrangement serves the child’s best interests. Maryland courts focus heavily on the child’s best interests, so explain how you can provide stability, support your child’s relationships, and meet his or her physical and emotional needs. Maryland courts emphasize cooperative custody arrangements, so keep this in mind as you develop your position.  
• Evidence Phase – During the evidence phase, you and your child’s other parent will present evidence supporting your custody request. This may include employment records, witness statements, housing information, financial information, and proof of your involvement in your child’s education and healthcare decisions. The judge may ask you to address your day-to-day involvement with your child, as well as your philosophy regarding child care. The court might ask to hear from witnesses who can attest to your ability as a caregiver, including family members, friends, teachers, and neighbors.
• Expert Testimony and Professional Evaluations – In some cases, the court may seek expert testimony and professional evaluations. The court may also appoint a guardian ad litem to represent your child’s interests during this period of time. These professionals can evaluate family dynamics, respective parenting abilities, and the child’s physical and emotional needs. In most cases, the court gives weight to professionals’ recommendations. 

Maryland’s “Best Interest of the Child” Standard

During all of your preparations for your child custody hearing, it’s important to keep in mind that the primary concern of Maryland courts is to make a finding that is in the “best interest of the child.” This requires considering multiple factors at once. The court will evaluate the parents’ fitness, the child’s relationship with each parent, and the child’s physical and emotional needs. The court will also evaluate each parent’s reputation and character. 

The court also considers the custodial parent’s ability to encourage and facilitate the child’s relationship with the non-custodial parent, to the extent possible. 

Potential Outcomes

Several potential outcomes exist in a child custody case. The judge may order joint legal custody, shared physical custody, or sole custody. Orders can be temporary, pending further evaluations, or permanent, and will remain in effect unless modified after further hearings. 

After the hearing, the judge will issue a written custody order detailing the specifics of your custody arrangement and any special provisions the court deems necessary for your child’s welfare. Each family situation is unique, and the Maryland court system strives to create a custody arrangement that reflects the specific needs and circumstances of the child or children involved. Regardless of the outcome, both parents should remain focused on the child’s needs.

If and when circumstances change, you may be able to request a modification to the custody order.

Contact the Law Offices of Brandon Bernstein, LLC

At the Law Offices of Brandon Bernstein, LLC, we understand that child custody issues can be worrisome and emotional for parents. Being prepared for your child custody hearing is the best way to ease that worry and concern. We have many years of experience in this area of law and can work with you to find the best possible solution. Contact us today for a free consultation so you can stop worrying and start taking some positive steps forward.