Columbia Child Custody Attorney

Trusted Lawyer for Child Custody Concerns in Columbia, Maryland

For many parents, the issue of child custody is among their top concerns. If you are divorcing from your co-parent or otherwise living in separate households, dividing up your duties and responsibilities can seem like a daunting prospect. A skilled Columbia, MD child custody attorney can advocate for your parental rights, giving you a voice in a court of family law.

At DM Family Law, we understand just how meaningful a child custody arrangement can be. With over 20 years of experience, you can rest assured knowing that Attorney David Marquardt will provide you with strong representation and counsel throughout your case.

How Are Child Custody Cases Handled in Maryland?

When parents divorce in Maryland, they will have to decide how to split up custody responsibilities. This is split up into two distinct duties:

  • Physical Custody: This refers to the amount of time the child spends with each parent, whether at the parent's residence or during visitation. A parent with physical custody is responsible for the child's care and everyday needs.
  • Legal Custody: This refers to the decision-making power that a parent has over their child. A parent with legal custody may be entrusted with various choices related to healthcare, education, extracurricular activities, and more.

If you and your co-parent agree about how these duties should be divided, you can submit a written agreement known as a parenting plan to a judge. If not, you and your parent can submit a joint statement that lists the areas of contention to the court.

Mediation in Child Custody Disputes

When parents cannot resolve a custody issue, the judge may order the parents to attend mediation. Parents can also choose to go to mediation of their own volition.

The purpose of mediation is to give parties in dispute a chance to resolve their disagreement amicably without the need for a judge's intervention. In addition to child custody disputes, mediation can be used to address other issues like the division of marital property, questions about alimony, and more.

When you and your co-parent agree to attend mediation, a third-party mediator will identify the points of disagreement and look for opportunities to compromise in a way that satisfies both parties. If you and your co-parent are on civil terms, mediation may be an ideal option, as it is typically less traumatic for a child than a protracted courtroom battle, and it also tends to be more cost-efficient than litigation.

Sole or Joint Custody?

When parents share physical or legal custody, it is referred to as joint custody. In these arrangements, parents sometimes share custody 50/50, but joint custody can also accommodate other arrangements to suit the child's needs. At DM Family Law, we can help you advocate for a joint custody agreement that allows you to remain actively involved in your child's life.

In some cases, an arrangement of sole physical or legal custody may be called for. A judge could consider giving one parent exclusive custody of the child if the other parent is violent, emotionally abusive, or neglectful. The judge can also consider the fitness of each parent and the amount of conflict between them.

It is important to remember that all child custody arrangements are founded on the child's best interests. If a proposed custody arrangement goes against the child's well-being, the judge can strike it down.

Frequently Asked Questions About Child Custody in Columbia, MD

Q

What Is The Difference Between Physical Custody and Legal Custody in Maryland?

Answer:

Child custody is categorized as two separate responsibilities in Maryland. The first is physical custody, also known as parenting time, which decides who will take care of the child. It can also give a parent rights to reasonable visitation if they do not live with the child. The second is legal custody, which allows a parent to make long-term plans and provide input for important life choices in the child's upbringing.

In many custody arrangements, parents share physical and legal custody of their child. Both physical and legal custody are outlined in a document known as a parenting plan, which is then submitted to a court of family law.

Q

Will The Court Give Me Sole Physical and Legal Custody of My Child?

Answer:

In Maryland, a judge will only award a parent with sole physical and legal custody if it is deemed to be in the best interests of the child. Sole custody may be given to one parent if the other parent has a history of abuse, abandonment, substance abuse, severe mental illness, or anything else that could compromise the child's well-being. Additionally, if there is a high degree of conflict between the parents, the judge could consider granting one parent with sole physical and legal custody.

Q

Can I Withhold Custody if My Co-Parent Will Not Pay Child Support?

Answer:

A parent failing to pay child support on time does not give the other parent the right to revoke or withhold child custody. If you want to enforce an order of child support, you can do so through other means, such as petitioning the court to hold your co-parent in contempt of court or garnish their wages.

Q

What Is The Child's Best Interest Standard?

Answer:

When the courts make important decisions about child custody in Maryland, they will always defer to a legal standard referred to as "the child's best interests." The court will consider multiple factors based on this standard, including:

  • Which parent has served as the child's caregiver
  • The respective fitness of each parent
  • Each parent's character and reputation
  • Whether there is a custody agreement in place
  • Each parent's ability and willingness to preserve existing family relationships
  • Each parent's financial resources to provide for the child
  • The child's gender, age, and health
  • The opportunities for visitation at each parent's residence
  • The length of separation between the child and each parent
  • Any prior history of abandonment by a parent
  • The child's preference
Q

Is Mediation Necessary for Child Custody Cases?

Answer:

Mediation is not always necessary for child custody cases, but it can be helpful, especially in contested disputes. The purpose of mediation in custody cases is to help the parents reach an agreement. This can help lay the groundwork for how future disagreements will be settled between the parents. In many custody cases, the judge will order the parents to attend mediation before coming back to court.

Q

What Is a Guardian ad Litem (GAL)?

Answer:

A guardian ad litem is an attorney appointed by the court to advocate for the child's best interests. The GAL will conduct a full investigation into the family before making a formal recommendation to the judge presiding over the case. A GAL may be appointed when the parents cannot agree on custody or if allegations of abuse are involved.

Contact a Columbia, Maryland Child Custody Lawyer Today

If you have any concerns about exercising your rights as a parent, do not hesitate to reach out to DM Family Law today. Our Columbia, MD child custody attorney is here to help you foster a healthy bond with your child. Call our offices at 443-545-8100 or contact our Columbia, MD child custody lawyer to schedule a free consultation.

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