What are child custody and visitation rights?

Child custody and visitation rights are part of the divorce process in Maryland and refer to the right of a parent to have physical and/or legal custody of a minor child. Physical custody means the parent has the right to live with and care for the child while legal custody refers to the right to make decisions about the child’s upbringing. In Maryland, the courts usually grant joint legal custody to both parents. This means that both parents will have a say in the decisions about how the child is raised. In terms of physical custody, the court may award the primary physical custody to one parent, who is then known as the custodial parent, or joint physical custody, which grants both parents equal time with the child. Visitation rights refer to the right of the non-custodial parent, or the parent without primary physical custody, to spend time with the child. This can include unsupervised visits and activities such as sporting events, family functions, and birthday parties. Typically, visitation rights are formalized through a court-ordered parenting plan. All custody and visitation rights are determined by the best interests of the child and the court will usually base their decisions on the wishes of the child, the parent’s availability and parenting ability, and the child’s relationship with siblings and other extended family members.

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