Custody, Visitation, and Child Support

The existence of children increases the complexity of any family law proceeding. A Maryland court will always consider the best interest of the child or children involved when deciding child support, custody, and visitation matters.

Custody

Maryland law does not allow a court to favor either a mother or father when making a custody decision. Rather, the court must look to the best interest of the child. A number of custody arrangements are possible. To determine the best interest of the child or children in a custody decision, a court may consider a number of factors, including the following:

  • Identity of the primary caregiver
  • Psychological and physical fitness of parent
  • Financial fitness of parent
  • Age, health, and gender of child
  • Location of parent’s residence
  • Willingness of parent to maintain child’s family relationships
  • Length of separation from child by parent
  • Prior abandonment by parent
  • Religious views of the parents
  • Character and reputation of the parents
  • The child’s preference

Because children are involved, no custody decision is ever final. When circumstances change, parents can request a change in the custody arrangement. The parent seeking the change always has the burden to show that a change would be in the best interest of the children.

Visitation

The parent who does not have physical custody of the child will likely be granted visitation rights. A court may also grant visitation to grandparents and stepparents if it determines that this is in the best interests of the children.

Child Support

Maryland law sets forth child support guidelines that judges are to use in calculating each parent’s child support obligations. These mandatory guidelines take into account many factors, including the following:

  • Gross monthly income of the parents, including alimony paid or received
  • Amount of time child lives with each parent
  • Cost of health care insurance
  • Any extraordinary medical expenses
  • Child care and visitation transportation expenses
  • Other types of support paid by non-custodial parent
  • Other expenses (such as private school tuition)

If you are facing a legal action involving the rights of you and your children, it is very important that you seek knowledgeable and effective legal counsel. The stakes in these cases are very high. Your rights will only be fully protected the first time around.

If you would like to discuss your family law matter with an experienced attorney, contact me today for a free, initial consultation.