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Child Custody

THE BURTON FIRM > Child Custody

FACTORS THE COURT CONSIDERS FOR CUSTODY AND VISITATION

Maryland Child Custody Attorney Explains The Factors the Court Considers for Custody and Visitation Under Maryland law, both the father and mother are equally presumed to be the natural parent of their children, unlike some states that may give favor to the mother from the get-go. Custody and visitation rights are strictly granted specifically considering the best interest of the child or children. Other family members may seek custody of the children, but the favoritism is given to the natural mother and father. If you need assistance with determining visitation, make sure you speak to a Maryland child custody attorney. Custody and...

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Custody/Access Law – Consent Orders

Maryland Family Law Attorney Knows Custody/Access Law Family is one of the main support systems anyone can have, but even the most stable families could have problems, especially when it comes to divorce and determining the custody of children. For the children, this could be a very difficult time and it’s important you contact an experienced and knowledgeable Maryland family law attorney who can put the best interests of your child first. Under Maryland law, both natural parents are presumed natural custodians of their children and the court does not favor the mother or the father. Determining custody and visitation rights...

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Child Custody Interstate Jurisdiction Issues

Family law is very complex, especially when it pertains to child custody. Although the Uniform Custody Jurisdiction and Enforcement Act (UCCJEA) was designed to resolve any complexities between states, if you find yourself in the middle of an interstate child custody dispute, contact an experienced Maryland family law attorney who can help you. If the parents live in different states or nations, the first issue that must be resolved is whether the court has proper jurisdiction over the person to handle the child custody or support dispute. The UCCJEA is the law that spells out the rules for whether a state’s...

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Grandparent & 3rd Party Custody

When courts need to make a decisions about child custody or visitation, the court balances what is best for the child with what a parent’s constitutional right is in regards to how the child should be raised. There are a variety of factors the court will look at including the role of any other party such as grandparents. Maryland law allows grandparents to ask the court for visitation rights and even custody rights. If you are trying to get visitation rights for your grandchild, make sure to contact an experienced attorney who can help you with your case. The natural...

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Child Custody, Visitation & Support

Child custody and visitation is another important part of the divorce proceeding. When contemplating which parent should get primary custody the Court must reach a decision that is "in the best interest of the child." There are several major facts that the Courts will consider before awarding primary custody to one parent or the other: parents ability provide for the child, continuity of primary caregiver, lifestyle and conduct of parents, mental and physical health of parents, child's age and preference. Stability of the environment is key. In previous years under the "tender years" doctrine the Courts were able to award primary custody to the biological mother for children...

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Children of Divorced Same-Sex Parents

Since same-sex marriage is legal in the state of Maryland, it is important to understand the nuances and issues that could arise from divorce of same-sex marriage, including that of children. A child born or conceived during a marriage is presumed to be the legitimate child of both spouses, not just the spouse who gave birth to the child. In the past when a same sex couple adopted a child in the state of Maryland, only one of them actually adopted the child from the agency, country or service because two people without a legal tie to one another are...

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Child Custody Modification

In the area of child modification, laws differ from state to state. In Maryland, the law does not favor either the mother or father. The law looks at the "best interest" of the child(ren) standard when deciding on child custody and visitation. Once custody of the child(ren) has been decided upon, it is fairly difficult to change. Nonetheless, a Complaint to Modify Custody can be brought at any time. In order for the child modification to be successful, the following criteria must be satisfied. First, there has been a material change in circumstances; and second, the modification is in the best interest...

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Factors the Court Considers for Custody and Visitation

One of the most difficult hardships parents must make when they split is child custody and guardianship. Like other states, Maryland requires judges to make decisions about child custody and visitation based on the best’s interests of the child. And although there isn’t a certain guideline or list of factors the court uses to make the decision, there are many things the judge will take into consideration. Some of which include the fitness of each parent, the character and reputation of each parent, what the parent wants regarding custody and agreements, the possibility of maintaining family relationships, the child’s preference,...

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Child Abuse FAQ’s

What should I do if I suspect a child being abused or neglected? Maryland law requires educators, health practitioners, police officers and human service workers to report suspected child abuse or neglect. All other citizens are encouraged to report suspected abuse or neglect. How old does my child have to be before I can allow him or her to be home alone? A child must be at least 8 years of age be left alone in a house or car and at least 13 years old to baby-sit another child. Although keep in mind, it is up to the...

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