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Custody
In making custody
determinations, the Maryland Courts always consider what is in the “best
interest of the child.” There are important
custody distinctions in Maryland.
“Physical custody” refers to the actual place a child lives. “Legal custody” refers to the right a
parent or guardian has to make important decisions for a child. A party may be awarded “sole custody” in
which he or she would have full physical or legal custody of a child. In some instances, the non-custodial
parent, or the party who does not have custody of a child may be awarded
visitation. Parties may be awarded
“joint custody” in which the parties share legal or physical custody. Taylor
v. Taylor, 306 Md. 290 (1986), is the case that sets forth considerations
for determining whether joint legal custody is appropriate. The factors are:
A.
Willingness of parents to share custody;
B.
Fitness of parents;
C.
Relationship established between the child and each parent;
D.
Preference of child;
E.
Whether joint legal custody will drastically disrupt the
child’s social and school life;
F.
Geographical proximity of the parents’ homes;
G.
Work schedules of each parent;
H.
Age and number of children;
I.
Sincerity of parents’ request for joint custody; and
J.
Financial capabilities of each parent.
The Courts maintain their
jurisdiction over custody and support arrangements. In other words, child
custody determinations and child support obligations are always
modifiable. A Court will consider
several factors in actions to modify child custody. The factors include:
A. Fitness
of the parties;
B. Character
and reputation of the parties;
C. Wishes
of the parties and/or any existing agreement of the parties;
D. Possibility
of maintaining natural family relations;
E. Preference
of the child(ren);
F. Material
opportunities affecting the future life of the child;
G. Age,
health and sex of the child;
H. Residences
of the parties and opportunities for visitation;
I. Length
of separation of the child’s natural parents; and
J. A
party’s prior voluntary abandonment and/or surrender of custody of
child.
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