How do Maryland courts determine child custody?

On Behalf of | Feb 13, 2023 | Divorce

Child custody is one of the most critical and sensitive issues that must be resolved in a divorce. The courts in Maryland use many factors to determine which parent will have custody of the children, with the goal of always putting the child’s best interests first.

The child’s best interests

The most crucial factor that the courts consider in child custody cases is the child’s best interests. This includes determining which parent is better equipped to provide a safe and stable home for the child, as well as considering the child’s relationships with each parent and any other individuals who play a significant role in the child’s life.

The relationship between the child and each parent

Another critical factor that the courts consider when determining child custody is the relationship between the child and each parent. This includes a consideration of the emotional bond between the child and each parent, as well as the child’s level of comfort with each parent. The courts may also consider the child’s level of attachment to siblings, grandparents, and other significant individuals and any history of abuse or neglect by either parent.

The parent’s ability to provide for the child’s needs

The courts will also consider each parent’s ability to provide for the child’s needs, including their ability to provide for the child’s emotional, physical, and financial needs. This includes a consideration of each parent’s financial stability, as well as the availability of resources such as family support and other support systems.

Fostering a positive relationship between parents

The courts will also consider each parent’s ability to foster a positive relationship between the child and the other parent. This includes a consideration of each parent’s willingness to encourage and support the child’s relationship with the other parent, as well as the parent’s ability to communicate and work effectively with the other parent.

The child’s wishes

In some cases, the courts may also consider the child’s wishes when determining custody. However, the child’s wishes are not the only factor considered, and the courts may ultimately decide to grant custody to the parent in the best position to provide for the child’s needs, even if the child wishes to live with the other parent.

The child’s stability and safety

Finally, the courts will consider the child’s stability and safety when determining custody. This includes weighing any history of abuse or neglect by either parent, as well as the child’s overall physical and emotional well-being.

Child custody is one of the most critical and sensitive issues in a divorce. The courts in Maryland use several factors to determine which parent will have custody of the children, with the goal of always putting the child’s best interests first. These factors include the child’s best interests, the relationship between the child and each parent, the parent’s ability to provide for the child’s needs, the parent’s ability to foster a positive relationship between the child and the other parent, the child’s wishes, and the child’s stability and safety.