Child Custody

Divorce is a serious matter. Depending on the particular family circumstances, there may be a variety of important and challenging decisions to make that will have a long-term impact on the parties involved. In most cases, spouses will be expected to address issues such as child custody and visitation, spousal support (or alimony), property and debt division, and child support, among other things. Because of the nature of divorce, parties often do not agree on even the most fundamental decisions. In order to sort through the myriad issues that may arise throughout the proceedings, and to ensure that your rights are fully protected every step of the way, you are encouraged to contact an experienced Maryland family law attorney as soon as possible.

Child custody issues have a tendency to bring up very strong emotions on behalf of both parents. And if there has been an allegation of child abuse or neglect in a child custody or visitation proceeding, a court will step in to protect the best interests of the child. Because of the seriousness of such allegations, Section 9-101 of the Maryland Family Law code sets forth specific provisions to guide courts that must deal with this disturbing issue. Specifically, the first part of the relevant statute provides that, if a court has “reasonable grounds” to believe that a child has been abused or neglected by a party to the proceeding, the court must determine whether the abuse or neglect is likely to occur if that person is granted custody or visitation rights. Continue reading

Child custody disputes are arguably among the most emotionally charged issues a couple will face during a divorce proceeding. In many cases, both spouses approach the issue of child custody with the hope of spending as much time with their child as possible after the divorce. And while the typical scenario involves two parents who certainly want what is best for their children, they often end up in heated arguments over just what that means. Parenting arrangements can take various forms, and what works for one family may be something very different from what works for another. If you are considering divorce or separation, you are encouraged to seek the assistance of an experienced Maryland divorce attorney who will work to preserve and protect your rights in the proceedings.

Under a sole custody arrangement, the child lives primarily with one parent, whereas in a joint custody or shared parenting situation, the parents each spend 50% of the time with their child. While child custody arrangements do run the gamut in terms of sole custody versus shared or joint custody, there has been some news coverage of late that strongly suggests that joint custody should be the rule, not the exception in most cases. One article points to the results of decades of child development research as the impetus for encouraging, if not mandating, shared parenting or joint custody. In this situation, each spouse would spend 50% of the time with the child.

Additional information further supports this proposition. For example, entities such as the U.S. Centers for Disease Control and Prevention, along with the U.S. Census Bureau and the U.S. Department of Justice, point out alarming statistics related to children raised by single parents. According to the data, children brought up by a single parent account for 71% of high school dropouts, 85% of children who exhibit behavioral disorders, and 85% of those in prison, among other tragic statistics. Continue reading

Articles Posted in Child Custody

Maryland Court Affirms Decision Denying Parent Visitation in Child Custody Dispute

Maryland Governor O’Malley Establishes Commission on Child Custody Decision Making