MARYLAND CHILD CUSTODY ATTORNEYS

PROTECTING THE RIGHTS OF MARYLAND PARENTS 

Nothing is more precious to a parent than having a relationship with one's child or children. The Maryland child custody attorneys at SRIS, P.C. know and recognize that. That is why our Maryland child custody lawyers place such a great emphasis on working closely with their client.  Our child custody lawyers in Maryland work diligently at helping their clients either keep custody or get custody of the child. The Maryland child custody attorneys of SRIS, P.C. have two offices in Maryland to better serve their clients. The two offices in Maryland are in Rockville & Annapolis. If you wish to consult a SRIS, P.C. Maryland child custody attorney, please simply contact us via email or by filling out our on line form. A Maryland child custody lawyer of SRIS, P.C. will gladly consult with you regarding your matter. You can also contact your Maryland child custody lawyer by calling our toll free number.

To obtain a general overview of child custody defense, please click here.

To learn more information about the laws pertaining to child custody in Virginia or Massachusetts, please click on the state.

The following is a basic primer on Litigating Child Custody in Maryland by Constance A. Camus, Esq. a leading Maryland child custody lawyer.

A court, in order to determine custody, must first determine the best interest of the child.

The Maryland Court of Appeals has stated that "[W]hen the custody of children is the question ... the best interest of the children is the paramount fact. Rights of father and mother sink into insignificance before that." Kartman v. Kartman, 163 Md. 19, 22,161 A. 269 (1932), The absolute obligation on the trial judge to undertake a thorough examination of all possible factors before determining child custody was forcefully set out by Judge McAuliffe in Taylor v. Taylor, 306 Md. 290, 303, 508 A.2d 964 (1986):

Formula or computer solutions in child custody matters are impossible because of the unique character of each case, and the subjective nature of the evaluations and decisions that must be made. At best we can discuss the major factors that should be considered in determining whether joint custody is appropriate, but in doing so we recognize that none has talismanic qualities, and that no single list of criteria will satisfy the demands of every case. We emphasize that in any child custody case, the paramount concern is the best interest of the child. ...The best interest of the child is therefore not considered as one of many factors, but as the objective to which virtually all other factors speak.

The Taylor Court detailed the two basic forms of custody. These two forms are:

Legal custody carries with it the right and obligation to make long range decisions involving education, religious training, discipline, medical care, and other matters of major significance concerning the child's life and welfare. Joint legal custody means that both parents have an equal voice in making those decisions, and neither parent's rights are superior to the other.

Physical custody, on the other hand, means the right and obligation to provide a home for the child and to make the day-to-day decisions required during the time the child is actually with the parent having such custody.

Each type of custody can be broken down into either joint or sole. Therefore, joint legal custody means that each parent has the right to share in longer-range decision-making including education, religious training, medical care and other matters of significance regarding their children. Sole legal custody gives that right to only one parent. Joint physical custody means that the child or children share their time between the parents. There does not have to be an equal sharing of time in order to qualify as joint physical custody.

Taylor laid out fourteen factors for a court to consider in an award of joint custody:
1. Capacity of the parents to communicate and to reach shared decisions affecting the child's welfare;
2. Willingness of parents to share custody;
3. Fitness of parents;
4. Relationship established between the child and each parent;
5. Preference of the child;
6. Potential disruption of child's social and school life;
7. Geographic proximity of parental homes;
8. Demands of Parental Employment;
9. Age and number of children;
10. Sincerity of parents' request;
11. Financial status of the parents;
12. Impact on state or federal assistance;
13. Benefit to parents; and
14. Other factors.
Taylor v. Taylor, 306 Md. 290, 303, 508 A.2d 964 (1986).

In Montgomery County v. Sanders, 38 Md. App. 406, 419, 381 A.2d 1154 (1977), Maryland Chief Judge Gilbert described what a child custody determination unavoidably calls for on the part of the judge:

Present methods for determining a child's best interest are time-consuming, involve a multitude of intangible factors that ofttimes are ambiguous. The best interest standard is an amorphous notion, varying with each individual case, and resulting in its being open to attack as little more than judicial prognostication. The fact finder is called upon to evaluate the child's life chances in each of the homes competing for custody and then to predict with whom the child will be better off in the future.

Judge Gilbert went on to catalogue some of the myriad factors that must be considered:
"What critics of the "judicial prognostication" overlook is that the court examines numerous factors and weighs the advantages and disadvantages of the alternative environments. The criteria for judicial determination includes, but is not limited to:

1. Fitness of the parents;
2. Character and reputation of the parties;
3. Desire of the natural parents and agreements between the parties;
4. Potentiality of maintaining natural family relations;
5. Preference of the child;
6. Material opportunities affecting the future life of the child;
7. Age, health and sex of the child;
8. Residences of parents and opportunity for visitation;
9. Length of separation from the natural parents, and;
10. Prior voluntary abandonment or surrender.

Montgomery County v. Sanders, 38 Md. App. 406, 420, 381 A.2d 1154 (1977).
Child custody cases require an experienced local family law lawyer. Family law lawyers concentrate their practices solely in family law and are experienced in successfully presenting the proper evidence to the Judge. Thus, when deciding upon proper representation in litigating the custody of your child (or of your children), it is also incumbent upon you, as a parent, to consider what is in their "best interest." This is not a time to cut corners.

MARYLAND CHILD CUSTODY LAWS:

The following are some of the State of Maryland Laws applicable to child custody. If you would like to read about some of these Laws to get a better understanding of them, please click on the one your are interested in:

• Shared physical custody
• Effect of child-custody determination
• Jurisdiction to modify determination
• Family Law Definitions
• International application of title
• Taking testimony in another state
• Rejection of custody or visitation if abuse likely
• Appearance and limited immunity
• Appearance of parties and child

Maryland Code, Family Law, § 12-201 - Shared physical custody (top)

(k)(1) "Shared physical custody" means that each parent keeps the child or children overnight for more than 35% of the year and that both parents contribute to the expenses of the child or children in addition to the payment of child support.
(2) Subject to paragraph (1) of this subsection, the court may base a child support award on shared physical custody:
(i) solely on the amount of visitation awarded; and
(ii) regardless of whether joint custody has been granted.

Maryland Code, Family Law, § 9.5-105 - Effect of child-custody determination (top)

Determination binding

(a) A child custody determination made by a court of this State that had jurisdiction under this title binds all persons who have been served in accordance with the laws of this State or notified in accordance with § 9.5- 107 of this subtitle or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard.

Determination conclusive

(b) As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determinations modified.

Maryland Code, Family Law, § 9.5-203. Jurisdiction to modify determination (top)

Except as otherwise provided in § 9.5-204 of this subtitle, a court of this State may not modify a child custody determination made by a court of another state unless a court of this State has jurisdiction to make an initial determination under § 9.5-201(a)(1) or (2) of this subtitle and:
(1) the court of the other state determines it no longer has exclusive, continuing jurisdiction under § 9.5-202 of this subtitle or that a court of this State would be a more convenient forum under § 9.5-207 of this subtitle; or
(2) a court of this State or a court of the other state determines that the child, the child's parents, and any person acting as a parent do not presently reside in the other state.

Maryland Code, Family Law, § 9.5-101- Definitions (top)

In general
(a) In this title the following words have the meanings indicated.

Abandoned
(b) "Abandoned" means left without provision for reasonable and necessary care or supervision.

Child
(c) "Child" means an individual under the age of 18 years.

Child custody determination
(d)(1) "Child custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child.
(2) "Child custody determination" includes a permanent, temporary, initial, and modification order.
(3) "Child custody determination" does not include an order relating to child support or other monetary obligation of an individual.

Child custody proceeding
(e) (1) "Child custody proceeding" means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue.
(2) "Child custody proceeding" includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear.
(3) "Child custody proceeding" does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under Subtitle 3 of this title.

Commencement
(f) "Commencement" means the filing of the first pleading in a proceeding.

Court
(g) "Court" means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination.

Home state
(h) "Home state" means:
(1) the state in which a child lived with a parent or a person acting as a parent for at least 6 consecutive months, including any temporary absence, immediately before the commencement of a child custody proceeding; and
(2) in the case of a child less than 6 months of age, the state in which the child lived from birth with any of the persons mentioned, including any temporary absence.

Initial determination
(i) "Initial determination" means the first child custody determination concerning a particular child.

Issuing court
(j) "Issuing court" means the court that makes a child custody determination for which enforcement is sought under this title.

Issuing state
(k) "Issuing state" means the state in which a child custody determinations made.

Modification
(l) "Modification" means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.

Person
(m) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, public corporation, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

Person acting as a parent
(n) "Person acting as a parent" means a person, other than a parent, who:
(1) has physical custody of the child or has had physical custody for a period of 6 consecutive months, including any temporary absence, within 1 year immediately before the commencement of a child custody proceeding; and
(2) has been awarded legal custody by a court or claims a right to legal custody under the law of this State.

Physical custody
(o) "Physical custody" means the physical care and supervision of a child.

State
(p) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

Tribe
(q) "Tribe" means an Indian tribe or band or Alaskan Native village that is recognized by federal law or formally acknowledged by a state.

Warrant
(r) "Warrant" means an order issued by a court authorizing law enforcement officers to take physical custody of a child.

Maryland Code, Family Law, § 9.5-104.-International application of title (top)

Foreign country same as state

(a) A court of this State shall treat a foreign country as if it were a state of the United States for the purpose of applying Subtitles 1 and 2 of this title.

Child custody determined by foreign country enforced

(b) Except as otherwise provided in subsection (c) of this section, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this title must be recognized and enforced under Subtitle 3 of this title.

Title not applicable if foreign country violates human rights

(c) A court of this State need not apply this title if the child custody law of a foreign country violates fundamental principles of human rights.

Maryland Code, Family Law, § 9.5-110. Taking testimony in another state (top)

In general

(a)(1) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this State for testimony taken in another state.
(2) The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms on which the testimony is taken.

Maryland Code, Family Law, § 9-101- Rejection of custody or visitation if abuse likely (top)

Determine if abuse or neglect is likely

(a) In any custody or visitation proceeding, if the court has reasonable grounds to believe that a child has been abused or neglected by a party to the proceeding, the court shall determine whether abuse or neglect is likely to occur if custody or visitation rights are granted to the party.

Deny custody or visitation if abuse likely

(b) Unless the court specifically finds that there is no likelihood of further child abuse or neglect by the party, the court shall deny custody or visitation rights to that party, except that the court may approve a supervised visitation arrangement that assures the safety and the physiological, psychological, and emotional well-being of the child.

Maryland Code, Family Law § 9.5-108. Appearance and limited immunity (top)

Immunity

(a) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this State for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.

Maryland Code, Family Law § 9.5-210. Appearance of parties and child (top)

Order to appear

(a)(1) In a child custody proceeding in this State, the court may order a party to the proceeding who is in this State to appear before the court in person with or without the child.
(2) The court may order any person who is in this State and who has physical custody or control of the child to appear in person with the child.

Failure to appear

(b) If a party to a child custody proceeding whose presence is desired by the court is outside this State, the court may order that a notice given in accordance with § 9.5-107 of this title include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.

Orders to ensure safety of child

(c) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.

Travel and other expenses

(d) If a party to a child custody proceeding who is outside this State is directed to appear under subsection (b) of this section or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.

The Maryland child custody attorneys and Law Offices of SRIS, P.C.,are located in Rockville and Annapolis but our sphere of activity is statewide.

Our Maryland child custody lawyers and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.

For more information or to make an appointment with SRIS, P.C. Maryland child custody lawyer, please call, send an email or complete the on-line form.

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