Physical Custody

Are You Seeking Physical Custody
in Maryland?

Physical custody refers to the parent with whom the child will reside the majority of the time. In the context of divorce, seeking physical custody in Maryland may be a primary concern for many parents, which can lead to conflicts. An experienced child custody attorney in Maryland can guide you to seek a physical custody arrangement that is in line with the child’s best interests — which is rightfully the priority of the court. At the Law Offices of Ellen L. Lee, we have decades of experience demonstrating that maintaining physical custody and consistent contact with a loving parent provides essential stability for the child’s emotional wellbeing. We can help you pursue an appropriate and tailored custody arrangement that accounts for the many concerns factoring into the best interests of your child.

Physical custody is distinct from legal custody, which is the ability to take part in making significant decisions on behalf of the child. We are prepared to handle the intricacies of your Maryland physical custody case.

Maryland law recognizes several types of physical custody arrangements, such as sole physical custody, where one parent has the child the majority of the time, and joint physical custody, where the child spends significant time with both parents. Notably, these arrangements can often be tailored to individual circumstances to serve the child’s interests.

Navigating the complexities of both legal and physical custody battles can be challenging. Our seasoned lead attorney Ellen L. Lee can guide you through the process, ensuring that your rights and the best interests of your child(ren) are protected.

Contact the Law Offices of Ellen L. Lee, LLC today to schedule a consultation with our founding attorney, where we will explore the right physical custody arrangement options for you and your kids.

The Different Types of Physical Custody Arrangements
in Maryland

In Maryland, physical custody arrangements can take various forms, each having distinct implications for the child’s living situation and the parents’ rights and responsibilities. Listed below are some of the common types of physical custody arrangements:

• Sole Physical Custody: In this setup, the child resides primarily with one parent, known as the custodial parent, while the non-custodial parent may have visitation rights.
• Joint Physical Custody: Under joint physical custody, both parents spend substantial amounts of time with the child, with the goal of sharing responsibilities and ensuring continued involvement of both parents in the child’s life.
• Split Custody: This less common arrangement involves siblings being separated, with each parent having physical custody of one or more children.
• Bird’s Nest Custody: In a bird’s nest arrangement, the child remains in the family home, and the parents alternate living there with the child. This approach prioritizes the child’s stability and minimizes disruption.

The court’s decision about what form of custody is granted hinges on what it deems to be in the best interest of the child. Many child custody arrangements with sole or shared physical custody components include joint legal custody, but sole legal custody is awarded in some cases according to the circumstances and the child’s best interests as determined by the court. Discuss with your Maryland child custody lawyer whether you should seek a custody order including joint physical and legal custody.

Factors to Determine Physical Custody in Maryland

In Maryland, the court considers a variety of factors in determining what physical custody arrangement serves the child’s best interest. These factors include but are not limited to:

• Character and Reputation of the Parents: The court assesses the moral character and behavior of both parents.
• Wishes of the Parents and the Child: While not binding, the court may consider the preference of the child (if old enough) and the parents.
• Potential Disruption of Child’s Social and School Life: The court takes into account the potential impact of the custody decision on the child’s social life and education.
• Age, Health, and Gender of the Child: These aspects of the child’s identity might influence the custody decision.
• Parent’s Financial Status: The financial ability of a parent to provide for the child’s needs may be a consideration.
• Residences of Parents and Opportunity for Visitations: The geographical proximity and living conditions of the parents’ homes can affect the feasibility of certain custody arrangements.
• Length of Separation from the Parent: The duration that the child has been away from either parent may be considered.
• Prior Voluntary Abandonment or Surrender of Custody: If a parent has previously abandoned or given up custody, the court will take this into account.

Experienced Maryland child custody attorneys can help you determine how the factors in your case will likely affect the determination of your child’s best interests and the appropriate custody and visitation terms you should seek in your child custody case.

Physical Custody and Visitation Rights in Maryland

In Maryland, the relationship between physical custody and visitation rights is intertwined and significant. In a sole physical custody arrangement, the non-custodial parent is usually granted visitation rights. These rights allow the non-custodial parent to spend time with the child, although the schedule can vary based on various considerations, such as the child’s age, the geographical location of the parents, and the level of cooperation between the parents.

In a joint physical custody situation, both parents have substantial and approximately equal time with the child. Therefore, visitation rights are integrated into the shared custody schedule, which is typically a rotation of residences or an agreed-upon schedule. It’s important to note that the court can modify both the custody and visitation schedule if it determines that the child’s best interests would be better served by a change.

The Child’s Needs and Interests Come First When Determining Physical Custody

In Maryland, the paramount principle in determining physical custody is the child’s best interests. This doctrine is firmly grounded in Maryland law and applied consistently in all custody cases. It underscores that the child’s needs and interests take precedence over the parents’ preferences or concerns. Each of the factors considered in custody determinations, such as the character of the parents or the potential disruption of the child’s social life, are weighed in light of their impact on the child’s welfare.

Judicial decisions aim to ensure the child’s physical, mental, and emotional well-being, and prioritize the child’s stability and continuity of care. This approach reinforces the law’s intention to safeguard the child from any potential harm and promote their developmental growth.

Assessing Your Physical Custody Modification Options in Maryland

In Maryland, if circumstances have changed significantly since the last custody order, a parent may seek a physical custody modification. The court will consider a modification if it is found to be in the best interests of the child. A significant change in circumstances could include a notable change in the child’s needs or in the ability of the parent to meet those needs.

A variety of situations might necessitate a physical custody modification. For instance, if the custodial parent is planning to relocate a significant distance away, a change in the physical custody arrangement might be more suitable for the child’s welfare. Similarly, if the current custodial environment is deemed unsafe for the child due to instances of abuse or neglect, a modification towards sole custody with the other parent might be imperative.

It’s important to remember that any change in physical custody should prioritize the child’s best interests. For example, if a noncustodial parent has shown increased stability and involvement in the child’s life, a modification in custody towards joint custody might lead to an improved situation for the child. Ultimately, the court will always weigh the benefits and drawbacks of a potential change, keeping the child’s well-being paramount.

Schedule a Physical Custody Consultation with Ellen L. Lee, a Maryland Family Law Attorney with Over 35 Years of Experience in Montgomery County

With an extensive background spanning more than three decades, Ellen L. Lee dedicates herself to providing personalized guidance to individuals and families navigating the complexities of divorce and related matters. By fostering a warm and accessible environment, she facilitates open communication and a mutual objective of equipping clients to embrace a new beginning amidst their various family law challenges.

At our firm, we recognize that every client we serve is unique. We are dedicated to fully understanding the intricacies of your circumstances while empathizing with your concerns and aspirations on an individual level. We are committed to advocating for our clients’ interests throughout the entire case.

Schedule a private consultation regarding your physical custody case with our founding attorney at the Law Offices of Ellen L. Lee, LLC via phone at (301) 279-0692 or by filling out our online form. We’re here to assist you.

We are prepared to conduct our initial consultation with you at either our boutique office in Rockville, Maryland, via video conference, or over the phone. Our scheduling is flexible, and we offer evening and weekend appointments to cater to your needs. We strive to provide options that suit your preferences.