How Is Child Custody Determined in Divorce?

The legal complexities surrounding divorce can feel overwhelming — and when you need to determine child custody, the situation becomes much more challenging for all parties. If you need help working out a fair and equitable custody arrangement with your ex-partner, the experienced and compassionate Annapolis divorce lawyers at Oliveri & Larsen can help you reach the best possible outcome for your family.

What Factors Influence Child Custody Decisions in Maryland?

When deliberating child custody arrangements in Maryland, the court primarily considers what would be in the “best interest of the child.” To determine what those interests look like, the court looks at several factors, including the child’s physical, emotional, and mental condition. The child’s age, health, and any special needs come into play here, as an equitable custody arrangement must meet the child’s daily needs.

The court also considers the mental, emotional, and physical fitness of each parent, specifically in their capacity to care for the child. If there is any history of abuse, drug use, or criminal involvement, or if the child feels a significantly deeper attachment to one parent than to the other, these factors may sway the outcome of the custody arrangements.

Other factors that determine the best interests of the child include the household that would least disrupt the child’s home environment, school routine, and social life, each parent’s individual willingness to co-parent, and — if they are old enough — what the child prefers themselves.

How Do Legal and Physical Custody Differ?

When divorce attorneys and lawyers talk about “custody,” they could mean one of two concepts: the first is legal custody, which refers to a parent’s right to make significant decisions about the child’s education, healthcare, religious upbringing, and other aspects of their life. The second meaning, physical custody, refers to where the child will live and receive their day-to-day care.

Can Both Parents Receive Custody?

In Maryland, if both parents are fit and able to take care of the child, the court can award joint custody to both. These arrangements require a cooperative effort from both parents, as effective communication, mutual goodwill, and emotionally sound decision-making play an important role in the child’s welfare.

However, if the court decides that one parent is unfit to supervise the child, the court may award sole legal or physical custody to the other parent.

What Role Do Parenting Plans and Mediation Play?

In many cases, to help reduce conflicts and set clear expectations, experienced divorce attorneys will advise parents to develop a parenting plan that outlines custody arrangements and visitation schedules.

In situations with hostile or otherwise uncommunicative ex-partners, the child’s best interests might be best served via mediation, which can help resolve custody disputes in a neutral and amicable manner. During mediation, the parents can work with a third party to negotiate and agree on custody terms — and these negotiations can result in more mutually satisfactory arrangements than those an impersonal court would impose.

Why Consult Annapolis Divorce Lawyers?

Dealing with the legal complexities of divorce, from the initial papers to mediation to negotiating custody in court, can feel emotionally and mentally overwhelming. An experienced Annapolis divorce lawyer can shoulder much of this burden, allowing you to focus solely on meeting your child’s needs.

Protecting Your Family’s Best Interests With the Annapolis Child Custody Lawyers at Oliveri & Larsen

If you need help negotiating custody arrangements, the compassionate Annapolis child custody lawyers at Oliveri & Larsen can help. We will advocate tirelessly for you and your child’s best interests. Call our Annapolis, Maryland, office at 410-295-3000 or fill out our online contact form. We serve clients in Ocean City, Anne Arundel County, Baltimore County, Baltimore City, Calvert County, Harford County, Howard County, Queen Anne’s County, St. Mary’s County, Worcester County, Kent County, and the upper and lower Eastern Shores of Maryland.