Understanding Custody Rights When it Comes to your Children

Without proper professional representation, a battle for custody can turn into a “battle royale” at the drop of a hat. What the courts use to assess a custody situation is grounded in what’s called “the best interests of the children". Emotions run high; both sides are convinced that they’re “right” and try desperately to prove their case. The children, caught in the middle, often become “collateral damage” in the process. At Levin & Gann, we encourage couples to work together to arrive at a joint or shared custody arrangement. And in cases where effective communication between you and your spouse is not a reality, we recognize that sole custody may well be the only workable option. Having the court decide who should have custody should be the last option to consider. An important factor in determining custody is whether or not a parent’s bad acts have harmed the children.

There are several custody scenarios, legal, sole legal, sole physical, and join legal. Following is a brief description of these types of child custody scenarios:

• Legal Custody The parent with legal custody can make all decisions regarding the health, welfare, and education of the child. Physical Custody - determines which parent has the actual, physical right to be with the child.
• Sole Legal Custody When one parent is awarded sole legal custody, that parent makes all decisions regarding the health, education, and welfare of the child (and the other parent has no input on these decisions)
• Sole Physical Custody When one parent is given sole physical custody, the child remains with him/her and the other parent is excluded from having physical custody of the child (typically when the other parent has abused or neglected the child)
• Joint Legal Custody Both parents participate in reaching decisions regarding the health, education and welfare of the child. In a Joint Physical Custody - both parents have the ability to be with the child, typically joint physical custody is coupled with a parenting plan to determine who will be with the child at what particular time.

One thing to keep in mind is that, while parents often desire shared (joint) custody, the Maryland courts are not inclined to grant it unless it is an established arrangement.

In cases of custody dispute, custody agreement, child support, and other potentially upsetting and delicate family matters, contact the experts at Levin & Gann to handle your case.

We know the law. We know the courts. And we know people.