Maryland Divorce ~ Divorce and Children
Every judge will make a judgment that involves children in the best interest of the child. The child’s well being is never overlooked in a divorce.
Maryland law states that there are two types of custody; legal custody and physical custody. An example of a legal custodian would be someone with the power to make important decisions in the child’s life, which school they will attend, what religious denomination, medical and health care, and so on. Legal custody is normally shared by parents and is normally given to one parent if the other parent chooses not to participate or is willing to give away custody rights in divorce.
Physical custody is simply whoever has the child with them in divorce. Physical custody means that for over half of the year the child was with the physical custodian. Joint physical custody means the child spends 128 nights or more with both parents in that year. The main clarification between primary and joint custody is the differences in the calculation of child support.
When it is evident that a joint physical custody arrangement is no possible in a divorce, a judge will decide the best candidate for the child to live with. The state of Maryland does not show preference to mothers, however, women sometimes have a clear advantage in divorces with custody disagreements.
When a judge is a making a decision about custody, here are some of the considerations that may arise :
~Wellness of each parent
~Reputation and general character of each parent
~Desires of natural parents
~Depending on age, the preference of the child
~Age, sex and health of the child
~Parents residences
~Evidence of abuse by either parent
When a judge is making a decision about joint custody, here are some of the considerations that may arise :
~Ability of the parents to communicate
~Willingness of both parents to share custody
~Wellness of each parent
~The relationship between the child and each parent
~Disruption of the child’s school or social life
~Demands of each parents’ job
~Age, sex and number of children
~Sincerity of parents’ wishes
~Financial status of each parent
There are lots of custody options to review in a divorce. Get all the facts together and make decisions that are in the best interest of your child.