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.

Most of the time, the judges show a strong preference to order joint physical custody so that the children spend quality time with both the parents. 

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