Maryland Child Custody and Child Visitation

In Maryland, child custody is a term used to define what person or guardian has custody or authority over a minor. Child custody gives the person or State the right to make numerous decisions regarding the minor's welfare, similar to parental rights, including health care, education, and living locations of the child. If a Maryland child custody dispute arises, Maryland courts will look to a variety of factors to determine what is in the best interest of the child or children involved. In addition to child custody determinations, the Maryland child custody court will also determine if visitation rights should be granted to a parent or guardian who does not have physical custody of a child. It is advisable to speak with a Maryland child custody attorney if you are concerned about your child custody or child visitation rights.

Maryland Child Custody

Maryland court may award child custody of a minor child to either parent or joint custody to both parents. When making this determination the court will use the "best interest of the child" standard and neither parent will be presumed to have any right to custody over the other parent. The Maryland court may consider many factors when determining the best interest of the child such as parental roles, health, age, and needs of the child.

A Maryland court will grant a parent or guardian one or both (joint), of two types of child custody:

1. Maryland Physical Child Custody
1. This type of custody involves the physical location of the child - where the child will live. This type of child custody can be held individually by a single parent or jointly between both parents.
2. Unless otherwise ordered by a Maryland court, access to medical, dental, and educational records concerning the child may not be denied to a parent because the parent does not have physical custody of the child.
2. Maryland Legal Child Custody
1. This type of custody involves aspects of how the child is raised, such as education, health, religion, ability to make medical care decisions, and other issues. Legal child custody can also be granted to a parent individually or jointly between both parents.

The child's opinion may be taken into account in a custody hearing, but only a minor who is 16 years old or older may file a petition to change custody if it has already been granted. It is in your best interest to consult a Maryland child custody attorney to discuss your options.

Maryland Child Custody Visitation Rights

Visitation rights are the rights of a noncustodial parent (the parent without physical custody of the child) to spend time and be with their child. The Maryland courts take child visitation rights very seriously and the parent with custodial rights must not interfere with the other parent's court ordered visitation rights.

If the Maryland court determines that a party to a custody or visitation order has unjustifiably denied or interfered with visitation granted by a custody or visitation order, the court may, in addition to any other remedy available to the court and in a manner consistent with the best interests of the child, take any or all of the following actions:

1. Order that the visitation be rescheduled
2. Modify the custody or visitation order to require additional terms or conditions designed to ensure future compliance with the order; or
3. Assess costs or attorney fees against the party who has unjustifiably denied or interfered with visitation rights.

The court will consider many factors when determining an appropriate order for visitation rights including the best interest of the child, abuse, criminal activities, and a child's wishes. It is very important to discuss your child visitation rights with a Maryland child custody lawyer.

Maryland Annotated Code

Child Custody and Visitation Rights

1. Maryland Child Custody

1. Family Law, Tit. 9 §§ 101 – 104.

2. Maryland Visitation Rights

1. Family Law, Tit. 9 §§ 105-108.