Columbia Child Custody Attorney
Experienced Custody Lawyers Representing Clients in Baltimore, Howard, Montgomery, and Surrounding Counties in MD
Facing child custody decisions in Columbia, Maryland, can be a stressful and emotionally charged experience. The legal landscape surrounding child custody in Maryland can be complex, and having a trusted advisor is crucial.
Our experienced Columbia child custody lawyers from Family Legal Advocacy Group can offer a deep understanding of Maryland family law and years of experience navigating the legal system.
Their expertise can be invaluable in ensuring your children's best interests are protected throughout the process, whether you're working towards an amicable agreement or require strong representation in court.
To speak with an experienced Columbia child custody attorney, give us a call at (410) 884-0400 or contact us online today.
Maryland Child Custody Law
There are two types of custody that a court may order:
- Legal custody involves the right to make decisions that significantly affect a child’s life relating to their health, education, religion, and general welfare. The court can order sole legal custody to one parent or joint legal custody whereby the parents must work together in making decisions that affect their child. Courts may order additional provisions regarding joint legal custody, including awarding one parent tie-breaking authority in the event of a dispute.
- Physical custody involves where the child will reside and who will have the decision-making ability regarding day-to-day activities.
In contested custody cases, the court will make a decision regarding physical and legal custody of the children. Alternatively, parties can come to an agreement regarding settlement of a custody arrangement. The guiding principle for the court in any child custody case is what is in the best interest of the child.
How is Child Custody Determined in Maryland?
Many factors are considered by the court in making a best interest determination including:
- fitness of the parents
- willingness of the parents to share custody
- any agreements between the parents
- potential for the child to maintain familial relations
- child’s preference (when appropriate)
- potential disruption to child’s school and social life
- material opportunities affecting the child
- child’s age and health
- suitability of the parental homes
- whether the non-custodial parent will have reasonable visitation
- how long the child has been separated from a parent
- any prior abandonment or surrender of the child
- any other relevant facts
When a third party (i.e. someone who is not one of the child’s legal parents) is seeking custody, Maryland case law has long maintained a presumption that it is in a child’s best interest to be raised by his or her parents. This presumption can be rebutted by a showing of parental unfitness or exceptional circumstances. In contested custody cases between two parents, there is no presumption in favor of awarding custody to either parent; the court has wide discretion to act in the child’s best interests.
How Does a Child Custody Proceeding Get Started in Maryland?
In Maryland, a child custody proceeding is typically initiated when one parent files a Complaint for Custody in the appropriate circuit court. This formal legal document outlines the petitioner’s request for custody and includes information about the child and the proposed custody arrangement. The proceeding can be started during a divorce or as a standalone action if the parents were never married.
Upon filing a complaint, the other parent, referred to as the respondent, must be formally served with a copy and given the opportunity to respond. Both parents may be required to attend a scheduling conference to establish timelines and discuss whether mediation might be appropriate for resolving disputes without litigation.
In the event that parents are unable to reach an agreement, the case will go to court, where the judge will consider a number of factors to determine what custody arrangement is best for the child in the long run. These factors include the child’s relationship with each parent, the parents’ ability to cooperate, and the child’s needs.
Each parent has the right to present evidence, call witnesses, and advocate for the custody arrangement they believe is best for the child throughout the process. An experienced Columbia child custody attorney can guide parents through this process and help protect their rights.
At What Age Can Child Decide Custody in Maryland?
In Maryland, a child can express their preference for custody at 16.
However, the court will still consider all the factors involved in making a custody decision, including the child's wishes, the parents' parenting abilities, and the child's best interests.
The court will also consider the child's maturity and ability to understand the consequences of their decision.
If the court believes the child needs to be more mature to make an informed decision, it may give their preference little weight.
Ultimately, deciding who will have child custody is up to the Maryland court.
The court in Columbia will decide based on what it believes is in the child's best interests.
What is Considered an Unfit Parent in Maryland?
In Maryland, the courts prioritize the best interests of the child when determining custody. A parent may be deemed unfit if their behavior or circumstances put the child’s safety, health, or emotional well-being at risk. Courts evaluate parental fitness based on evidence presented to them.
Factors that may indicate parental unfitness:
- Abuse or Neglect: Any evidence of physical, emotional, or sexual abuse, or failure to provide basic needs like food, clothing, and medical care, can lead to an unfitness determination.
- Substance Abuse: A history of drug or alcohol addiction, especially if it impairs the parent’s ability to care for the child, can significantly impact custody decisions.
- Mental Health Issues: Parents with severe mental illnesses who cannot fulfill their parenting responsibilities may be found unfit.
- Domestic Violence: Exposure to domestic violence, even if not directed at the child, can create an unsafe and unstable environment.
- Criminal Behavior: A criminal record or ongoing involvement in illegal activities can reflect poorly on a parent’s ability to provide a safe home.
- Living Conditions: Unsanitary or hazardous living environments can also be grounds for questioning a parent’s fitness.
If you believe your former partner has become an unfit parent in Maryland due to these behaviors, it is important to take legal action as soon as possible. An experienced family law attorney can help you navigate the process of taking away the other parent's rights and responsibilities. This may include modifying child custody orders, removing parental rights, or terminating a parent's legal relationship with the child entirely. By working with an attorney familiar with Maryland's family law regulations, you can ensure that your children are protected from any further harm caused by their unfit parents.
Can Child Custody Be Modified in Maryland?
In Maryland, child custody orders can be modified under specific circumstances, but the process requires demonstrating a material change in circumstances and that the modification serves the child’s best interests. Custody arrangements may need to be adjusted over time as family dynamics, financial situations, and children's needs change.
Grounds for Custody Modification
To modify a custody order in Maryland, the requesting parent must show a significant change in circumstances since the original order was issued. Common reasons include:
- Parental Relocation: A parent’s move that impacts the child’s schooling, support system, or visitation schedule.
- Changes in the Child’s Needs: New educational, medical, or emotional needs that require adjustments to the parenting plan.
- Parental Unfitness: Evidence of neglect, abuse, substance abuse, or other behaviors that compromise the child’s well-being.
- Noncompliance with the Current Order: When a parent consistently violates the terms of the custody arrangement, a modification may be warranted.
The Modification Process
In order to request an adjustment, the parent must file a motion with the court, outlining the material changes and how the adjustment benefits the child. The court will evaluate evidence, consider the child’s best interests, and may hold a hearing to make a determination.
Given the complexity of custody modifications, working with an experienced Columbia child custody attorney ensures your case is presented effectively, maximizing your chances of a favorable outcome.
How Our Experienced Columbia Child Custody Lawyers Can Help
There is no court decision that can have more of an emotional impact on a parent than a custody order.
FLAG attorneys’ extensive experience advocating for both parents and children makes us uniquely qualified to explain to our clients those factors that are most important when the court evaluates what is in your child’s best interest in making a custody decision.
We will attempt to resolve your case amicably, always cognizant of your desired outcome. But should your case proceed to trial, we will be well prepared with an articulate, persuasive argument to obtain a favorable ruling for you.
Call our office (410) 884-0400 to schedule an initial consultation to discuss your legal rights with our Columbia child custody lawyer and secure the future of your family.
Our Testimonials
Read What Our Clients Have to Say-
"Emily was fantastic to work with! She walked me through every step along the way and made sure I was comfortable with what was happening. She is patient, kind, and understanding but also fights for what her client deserves."Becky
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"Ms. Jessica Keister is a fantastic attorney! She cares so much about her clients! She helped me with my divorce and was both professional and empathetic. Her advice was on point and led to a good outcome for me and my family."Susan
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"Michael was very responsive to our communication, organized, prepared, knowledgeable and provided excellent advocacy in the courtroom."Jean and Tom
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"I hired Emily for a very difficult incredibly complicated divorce and child custody case, and she could not have been more supportive and attentive throughout it. She will leave no stone unturned and fight for you and your children's best interest."Michael
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"I was very nervous coming into this situation as my divorce & custody of my children were paramount! Jessica was quick, prompt, thorough & punctual! She reassured me that she would do everything in her power to have a decision made in my favor."Mark
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"Sarah has the unique ability to get right to the point and tell it ” like it is” while also being sensitive and considerate, which means that she isn’t wasting time and racking up needless billable hours."Janine
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"Ms. Thomas was a pleasure to work with during my case. She was an excellent advocate for my son and won my case for him. He now has all the help he needs in school because of her determination."Toula
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