How is child custody determined?

In Maryland, when it comes to the issue of determining child custody during a divorce, the court tends to act in the best interest of the child or children involved. The court must decide between either legal custody or physical custody. Legal custody refers to the right of the parent to make decisions regarding the child’s education, healthcare, religion, and other aspects of the upbringing. Physical custody refers to the time the child spends with each parent, ranging from full to partial custody. If the parents are able to come to an agreement on how to split legal and physical custody, the court will usually accept their agreement. If the parents cannot come to an agreement, the court will decide for them. The court will consider factors such as the child’s relationship with each parent, the ability and willingness of each parent to provide for the safety and well-being of the child, and the stability of the home environment of each parent. The court also seeks to minimize any disruption to the child’s life, and tries to keep a relationship with both parents. Ultimately, the court will base its decision on what it believes will be in the best interest of the child and their overall well-being. Attention is also given to the child’s wishes, depending on the age and maturity of the child. The court will generally hear from all parties before issuing its decision.

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