Child Custody & Visitation FAQs
1. What is “custody” in Maryland?
Custody has two parts:
- Legal custody – decision-making (school, medical, religion)
- Physical custody – where the child lives
Example: One parent may have the child most of the time (physical custody), but both parents share major decisions (joint legal custody).
2. How do judges decide custody?
Judges focus on one thing: The best interests of the child.
They look at:
- Each parent’s ability to care for the child
- Stability and routine
- Communication between parents
- The child’s needs (emotional, educational, medical)
3. Do judges favor mothers over fathers?
No. Maryland law requires judges to be gender neutral.
Reality: Judges favor the parent who is more stable, more cooperative, and more focused on the child.
4. What does “best interests of the child” really mean?
It means what arrangement helps the child feel secure, stable, and supported.
Example: Even if one parent “deserves” more time, the judge may choose a schedule that avoids disrupting school or routine.
5. Can a child choose where to live?
Not directly. Judges may consider the child’s preference (especially older children), but it is only one factor, not the final decision.
6. What is joint custody?
Joint custody can mean shared decision-making (joint legal custody) or significant time with both parents (shared physical custody).
7. What if parents cannot communicate?
Judges often say: Joint custody requires the ability to communicate.
If communication is poor, the court may give one parent tie-breaking authority or award sole legal custody.
8. What is a parenting plan?
A parenting plan is a detailed schedule covering week-to-week time, holidays, summer, transportation, and decision-making.
9. What mistakes do parents make in custody cases?
Common mistakes include speaking badly about the other parent, using the child as a messenger, refusing communication, and focusing on winning instead of the child.
10. How important is stability?
Very important. Judges often favor a consistent home, predictable routine, and continuity in school and community.
11. What if one parent is more involved?
Courts look at past behavior. If one parent handled school, medical care, and daily needs, that parent may be favored.
12. Can custody be changed later?
Yes. You must show a material change in circumstances and that the change is in the child’s best interests.
13. What is a material change in circumstances?
Examples include relocation, safety concerns, or major changes in the child’s needs.
14. What if the other parent denies visitation?
You can go to court. Judges take this seriously because children benefit from both parents.
15. Can a parent move away with the child?
Relocation cases are closely reviewed, including the impact on the child and the other parent’s relationship.
16. What is supervised visitation?
Visits monitored due to safety, substance abuse, or behavioral concerns.
17. How do judges view cooperation?
Very important. Judges favor parents who encourage the child’s relationship with the other parent.
18. What if one parent is difficult?
Judges may view lack of cooperation negatively, affecting credibility.
19. Does child support affect custody?
No. They are separate issues.
20. What if there are allegations of abuse?
The court may order supervised visitation, suspension, or investigation.
21. What role does a lawyer play?
A lawyer helps present your case, avoid mistakes, and advocate effectively.
22. What happens in a custody hearing?
Evidence is presented, witnesses may testify, and the judge evaluates credibility.
23. Do judges care about behavior in court?
Yes. Tone, respect, and emotional control matter.
24. What is primary physical custody?
The child lives with one parent most of the time.
25. Can grandparents get custody?
Yes, in certain situations involving unfitness or exceptional circumstances.
26. How important is routine?
Extremely important. Judges aim to maintain consistency.
27. What if parents live far apart?
Distance affects scheduling; courts may allow longer but less frequent visits.
28. Can parents agree without court?
Yes. Agreements are encouraged and often beneficial.
29. What do judges think about winning?
Judges prefer parents who focus on the child, not winning.
30. What is most important to remember?
The case is about the child. Judges favor parents who put the child first.
Have any more questions?