Obstacles You Can Face in Custody Cases

This is a tricky problem that arises in a number of custody cases. One parent routinely feels like they hold the cards and can dictate to the other parent the method, manner, and times that the other parent case see the kids. Often, the non-custodial parent (parent without the child) begins to feel worn down and ultimately accepts whatever access the custodial parent (parent with the child) grants them.

This is simply wrong both morally and legally. In Maryland, unless an Order exists, BOTH parents have joint custody of their children. This means that all parents begin with the fundamental right to their children. These rights include the right to raise their children, make decisions for their children, and support their children.

During these early phases of a custody dispute, it is vitally important to have a specific strategy in place to ensure that you remain an active and equal parent in the role of your child. You must be sure to make detailed efforts to be clear your intention not to allow the custodial parent to dictate your role with your child. Each step taken must be properly handled to provide you with the highest probability of success in your case.

Our attorneys have handled thousands of custody disputes and are well-versed on the nuisances to help you formulate your plan to ensure you attain your custodial goals.

How does a Judge decide custody?

Gavel and Law Text Books

In Maryland, a Judge is bound to the standard of a “best interest of the child.” This standard is broad and allows for significant interpretation. Within the best interest standard, Maryland case law have given a road map of factors that Judge must consider prior to determining what is in a child’s best interest. These factors include, but are not limited to,
• Fitness
• Character and Reputation
• Agreements
• Ability to Maintain Family Relationships
• Child Preference
• Material Opportunity
• Age, Health and Gender of Child
• Residences of Parents and Opportunity for Visitation
• Length of Separation
• Any Prior Abandonment or Surrender of Custody
• Religious Views

Judges consider a variety of evidence to come to an ultimate conclusion. Evidence can come in many forms including witnesses, including experts, written documentation, testimony of parties, and sometimes, testimony of children. The key to success in any custody dispute is experienced trial counsel who can guide you through the pitfalls of custody litigation and properly present your position in a clear and concise fashion. With our state-wide practice which heavily focuses on custody disputes, we are well versed to provide effective representation.

Call 443-709-9999 now for a free consultation.