MARYLAND CHILD CUSTODY LAWYER    MARYLAND DIVORCE    MARYLAND LAWYER

Divorce In Maryland

The Law Offices Of

KEITH BLAIR BARTNIK, P.A.

 

 
Home
Grounds
Custody
Alimony
Property

Divorce Blog

 

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

 

 

 

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

The parents are the joint natural guardians of their minor child.
 
(2) A parent is the sole natural guardian of the minor child if the other parent:
 
(i) dies;
 
(ii) abandons the family; or
 
(iii) is incapable of acting as a parent.
 
(1) are jointly and severally responsible for the child's support, care, nurture, welfare, and education; and
 
(2) have the same powers and duties in relation to the child.
 
(d)(1) If the parents live apart, a court may award custody of a minor child to either parent or joint custody to both parents.
 
(2) Neither parent is presumed to have any right to custody that is superior to the right of the other parent.
 

MUST READ MARYLAND CASES ON CUSTODY

Taylor v Taylor 508 A2d 964

Montgomery County v Sanders 381 A2d 1154

Nagle v. Hooks 460 A2d 49

 

 

Search for Mr. Bartnik on Yahoo, Google and MSN under the following search terms: Divorce in Maryland, Divorce Lawyers in Maryland, Maryland Divorce, Maryland Lawyer, Maryland Divorce Lawyer, Maryland Attorney, divorce lawyer Maryland, child custody in Maryland, child support, alimony in Maryland, MD attorney, MD divorce lawyer, attorney, MD attorney, Maryland marital property, parents visitation rights, Maryland law, Maryland child support attorney, military divorce lawyer, Prince George County lawyer, Baltimore City Lawyer, good lawyer in Maryland, Howard County Lawyer, trial attorney, Maryland trial lawyer. Maryland family law, Baltimore City Divorce, Maryland Prince George County lawyer,  child custody law, divorce settlement, Maryland Divorce information. Visit our Other Sites at: yourMarylandDivorceLawyer.com A Maryland Lawyer practicing personal injury, divorce, criminal defense and workers compensation law for over 20 years.  MarylandInjuryAttorney.net A Maryland Personal Injury Lawyer. Bartnik-Law.com A Maryland Lawyer practicing personal injury, divorce, criminal defense and workers compensation law for over 20 years.

 

 

     

Home | Use and Possession | Anatomy of Divorce | Child Custody | Child Support | Alimony | Marital Property | Counsel Fees | Link Exchange | Settlement Agreements | Sitemap

This site was last updated 01/15/08