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Toll Free
1-888-760-7339
Anne Arundel
County: 7310 Ritchie Highway, Ste 910 Glen
Burnie, Maryland 21061 (410) 760-7339
Baltimore
City Office
Meeting Location: 111 South Calvert Street, Ste 2700,
Baltimore, Maryland 21202 (410) 685-7339
Baltimore
County: 10451 Mill Run Circle, Ste 400,
Owings Mills, Maryland 21136 (410) 363-7339
Howard
County
Office Meeting Location: 10480 Little Patuxent Parkway, Ste
400, Columbia, Maryland 21044 (410) 740-7339
Prince George
County:
6301 Ivy Lane
Suite 700, Greenbelt, Maryland 20770
(301)
474-7339

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Maryland Child Custody Law revolves around the simple concept of what is
in the child's best interest. Custody happens on two different levels,
which are themselves further broken down into two levels.
You have Legal Custody, further broken into sole and joint, and you have Physical Custody,
further broken into sole and shared.
Legal Custody: Sole Legal
Custody and Joint Legal Custody. Sole Legal Custody is where only the
custodial parent has the right to make the decisions affecting health,
education and welfare. Joint Legal Custody is where both parents share
equally in decision affecting the health, education and welfare of the
minor child.
Physical Custody is more interesting then legal Custody.
Physical Custody is where the
child lives. Physical Custody is also broken down into two different
categories. You have either Sole Physical Custody or Shared Physical
Custody. Once a non custodial parent enjoys Shared Physical Custody it
means two things (1) he/she has the child with them in excess of 128
over nights per year and (2) the child support obligation is affected by
the overnights with the otherwise non custodial parent. You will find
many people fight over the 128 overnights. In order for a non custodial
parent to reach the 128 number they must establish it is in the child's
best interest. The court looks at the factors in a case call Taylor v
Taylor to help the judge make the difficult decisions on whether to
order sole joint custody or shared physical custody.
Inside Tip: You will
find an endless number of fights on the issue of 128 overnights.
Sometimes the fights are motivated by the belief that the child support
will be reduced. Other times it is genuine desire to be with the minor
child. Generally if you want to reach the 128 look to acquire every
other weekend Thursday night to Monday morning and an additional over
night per week. As such in any given 14 day period you have not less
then 35.71%. Or if that is impractical then look to pick up the
overnights in the summer and on holidays. You will actually need to sit
down with a calendar and count over nights. Again you want 128 or 35%
(they equal the same per year).
Who Has the Right to Custody: See
Maryland Family Law Statute 5-203
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