During Divorce, Navigating Custody Is A Balancing Act
Every state in the United States has different rules about divorce.
If you are planning a
divorce but are not sure how to divide property, structure a parenting plan, or
have questions about alimony or child support, it is imperative that you must
check out the laws of the state you are living in.
If you are a resident of
Maryland, you must understand the divorce process in this state or consult one
of the top divorce lawyers in Maryland.
Going through a breakup
is stressful, especially when there are children involved. When you are
initiating the process of separation, you must mutually decide where your
children will live and who will be responsible for daily care.
There is no any doubt
that this is a sensitive issue.
You may be the chief
earner in the family or part of the dual income household; in either case, it
would not be surprising if you are worried about losing quality time with your
children.
More often than not, it
can be the stay-at-home parent that gets custody because they have
traditionally spent more time with the children.
But even if you are the
higher earning parent, you need not relinquish parenting time if you can prove
that you do have time to spend with them or willing to make adjustments to
ensure children’s lives are not affected.
But keep in mind that
there are no definitive rules for Maryland on this issue.
Like in many other
states, the deciding factor is “what is in the best interests of the child”.
The court however considers
certain legal factors to determine what the best interests of the child are.
However unlike other
states, Maryland child custody laws do not underline a definitive list of
factors the courts must into consideration.
In Maryland, the court
has divided custody into two categories.
1.
Legal
2.
Physical
Let us understand each
of these one by one.
Legal custody
If you are awarded legal
custody, it means you are responsible for making vital decisions about your
children’s lives. You may have to make the decision regarding which school they
will attend, whether they need special tutoring or psychological counseling, or
when they should consult a medical professional.
In all probability,
during marriage both spouses make such decisions together and when divorce takes
place the judges want to maintain the status quo. In effect it means parents
must share legal custody and continue to make decisions together.
Frankly it is up to
parents on how to make the legal custody functional. It is possible the parents
may jointly agree that one of them takes the day-to-day responsibility.
Yet, things are not that
simple and joint custody can become contentious. In such situations you may
need to take help from the best divorce
lawyer in Maryland.
Physical custody
Physical custody means
where children live on a daily basis.
This responsibility can
be shared by both the parents or the court may grant it to one of them.
Sometimes a parent with
sole physical custody may think that he or she has the right to move away with
the kids.
To preempt the move, the
noncustodial parent must take legal recourse to show that the move is
detrimental to the kids.
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