Question 1

What is Legal and Physical Child Custody?

Accepted Answer

Maryland courts address both the legal and physical custody of minor children.  Parents who possess legal custody have the right and obligation to make long-range decisions involving major life and welfare issues, such as education, religion, discipline, and medical treatment.nnLegal custody can be held by a single parent or jointly. When a court awards joint legal custody, both parents have an equal voice in decision making. Maryland law presumes that both parents are the joint legal guardians of their children.nnParents often split decisions or expenses in this capacity. For example, a parent who is a doctor may handle all medical decisions for the children or help make medical decisions because of his or her expertise. A parent who is a teacher may agree to guide all educational decisions for the children, or the parents might agree to split all decisions equally.nnExpenses for the children can be split in a similar manner. The parent who insists that the girls play softball can agree to pay for the softball league registration, whereas the parent who wants the kids in dance can agree to pay for dance. It is best for parents to discuss these things and include these agreements in the divorce decree so that there is no confusion.nnPhysical custody, on the other hand, addresses where the children will actually reside, as well as which legal guardian will make the day to day decisions regarding the children’s daily activities. Physical custody can also be held by a single parent or jointly by both parents.nnIn joint or shared physical custody, the time children spend with each parent is shared. Shared physical custody is often not split equally between two parents.  Common shared physical custody arrangements include children living with one parent during the school year and living with the other parent during summer vacation. Additionally, it could involve children living with one parent during the week and living with the other parent on the weekends.nnPhysical custody may also be split, which occurs when physical custody of one or more children is awarded to one parent, and the other parent receives physical custody of the other child or children. Even without physical custody, both parents have the right to access the educational, medical, and dental records of their children at any time.nnAnother split physical custody situation is called “nesting”, this is where the children live in just one home while the parents rotate in and out of the home. While this arrangement prevents excessive upheaval for the children, it can be difficult or expensive to manage for the parents.

Question 2

How is Child Access and Visitation Evaluated?

Accepted Answer

Maryland has abolished the maternal preference doctrine, which gave preference to mothers in regard to the custody of young children. Nowadays, a father’s rights are acknowledged in custody decisions. Courts examine all the facts and circumstances of each individual case when determining what child custody arrangement is in the best interests of the children.nnSome of these considerations include:nnPhysical fitness of the parents.nPsychological health of the parents.nFinancial ability to support the children.nCharacter traits of the parents.nPreferences of the children.nWhether there is a history of child abandonment or abuse.nSexual preferences or behaviors of parents, such as promiscuity, a history of adultery, or homosexuality, is only relevant to the determination of the child custody if it affects the welfare of the children, or the parent’s ability to care for the children.nThese factors are carefully reviewed by a judge, but one of our Towson child custody lawyers can help argue on your behalf. Our determined lawyers have the experience and knowledge necessary for your difficult case. One of our respected lawyers will fight for your rights and ensure you obtain a fair child custody arrangement. We understand how important these matters are for all families.nnFinancial considerations, psychological health, physical health, and even character traits can be explained by one of our Towson divorce lawyers who has reviewed your case.nnMoreover, considerations for granting shared physical custody often include additional factors:nnAbility of the parents to communicate with each other regarding daily life activities and decisions.nEmployment demands of each parent.nWillingness of the parents to share custody of their children.nWhat school the children will be attending.nAge and number of all children living in the home.nKeep in mind that a Maryland family court judge can decide on custody if the parents cannot come to a mutual agreement, regardless of what the parents want.

Question 3

How Are Parenting Plans Created During Divorce?

Accepted Answer

Parenting plans are created using the input of both parents and the children. A parenting plan includes things like the children’s schedule, activities, visitation, and how child support will be paid.nnParenting plans are created with the help from both parents because they have jobs and obligations they must meet. If the parenting plan is designed to meet the needs of everyone, it may need to change in the future.nnThe parenting plan can be used to make a simple transition when the kids are dropped off, and the plan can be referred to when parents are paying for the children’s expenses. When the parents are working on a plan, they should try to come to an agreement on their own. The court is more likely to accept an agreement that both parents have worked on together.nnA parenting plan should be written clearly, and it helps to have one of our Towson child custody lawyers write the parenting plan. Both sides can use an official copy of the plan to manage the children, and there will be no disputes over the plan or how it was created.

Question 4

How Are Fathers’ Rights Upheld in Court?

Accepted Answer

A father’s rights are no different than a mother’s rights. Fathers, however, may still fall victim to the antiquated maternal preference doctrine. It is no longer wise to automatically provide mothers with custody; however, sometimes, this still happens in court. You may find that the mother’s rights outweigh the father’s rights.nnIf a father is considering divorce, he should work with one of our Towson divorce lawyers to determine how he can gain custody or retain partial custody. Fathers may have been met with false accusations or have been told that they could not possibly retain custody.nnAs mentioned above, parents are screened to determine how they can care for the children. This is vitally important because a father’s concerns may not be taken seriously. When fathers want to raise issues like physical or emotional health, they should do so with the help of one of our attorneys. Making blind accusations without proof or documentation will not solve the problem.nnWe work with fathers to create a plan for a divorce that is appropriate for everyone, and we ensure that a father is heard throughout the child custody phase of the divorce. If fathers have been forgotten in the past, they can fire their lawyers and hire us right away. We will get to work on the case immediately so that the father has rightful representation.

Question 5

How Can Grandparents’ Rights be Upheld?

Accepted Answer

Grandparents could join the conversation about child custody if they believe that their grandchildren may be safer with them. Grandparents may not be part of a divorce proceeding, but they can come forward when they believe that they should act in the best interests of the children.nnThe courts in Maryland will act in the best interests of the children, but that does not mean that grandparents will automatically receive custody. The burden of proof is heavy when the grandparents believe that they should request custody of the children. The court will consider several factors that are unique to this situation:nnHow long the children have been away from their parents.nAny transgressions or criminal records that could impact a parent’s ability to care for the children.nSincerity of the grandparents’ request.nAge of the children.nPreference of the children.nAge of the grandparents and their ability to care for the children.nExceptional circumstances involving the inability of the parents to care for the children.nGrandparents must be prepared to demonstrate that the exceptional circumstances involving their grandchildren are so severe that those children should be removed from their home. The judge will take into account the emotional impact of taking the kids out of the family home, and that will be added to other evidence that has been produced.nnOur Towson child custody lawyers will work with grandparents when they believe they should seek full custody of their grandchildren. Complaining to the police, contacting child services, or complaining to the parents only amounts to harassment. Our lawyers will develop a strong case that helps grandparents prove they should retain custody. While grandparents or other relatives may feel they need to save the children, the case must be proven in court.

Question 6

Can You Make Modifications to a Child Support or a Custody Plan?

Accepted Answer

A child support or custody agreement can be changed at any time with the help from one of our lawyers. Child support has been calculated based on the incomes of both parents at the time of the divorce. Modifications to child support agreements can be amended when the parent with physical custody remarries, there is a job change, and in numerous other circumstances.nnModification to the child custody plan can be amended if the family needs to move, or the parents may want more visitation rights because they believe their agreement is not specific enough for them. We work with divorced parents to help adjust their child support or custody plan. Provide any available evidence to show why the agreement should be changed, and we will petition to issue alterations. We will try our best to configure a custody plan that works for you.nnWhy is it Important to Have an Experienced Lawyer?nChoosing a lawyer that is right for you is essential because divorce, child custody and support battles are emotionally and financially difficult. In order for the divorce process to go more smoothly and quickly, it is best to have an experienced lawyer by your side. A lawyer who is knowledgeable about all aspects of family law will help you obtain a fair settlement and will make certain you are awarded plenty of time with your children.nnAt Huesman, Jones & Miles, LLC, our child custody lawyers have the dedication you need for your case. We will work tirelessly to ensure that your rights are protected and that you obtain a suitable child custody arrangement.

Towson Child Custody Lawyers