How will a judge decide custody? Physical/Residential Custody. These two “shared”custody. When looking at child If parents cannot reach a custody agreement, When deciding whether to grant joint terms mean the same thing: the parent’s support only, shared custody means that one parent will need to file a custody case in custody, in addition to the factors above, a right and obligation to provide a home for each parent keeps his or her child overnight court. This may be done as part of a judge considers: the child at given times, and to make day-to- for more than 35 percent of the year, and that proceeding. After the case is filed, the judge The capacity of the parents to communicate day decisions when the child is actually with both parents contribute to the expenses of usually refers the parents to mediation to • and reach shared decisions that parent. the child, as well as paying . try to resolve the dispute. If no agreement is reached, a court hearing will be held before a • The willingness of the parents to share custody Joint Physical or Residential Custody. VISITATION/ACCESS judge. The most important thing a judge looks The potential disruption of the child’s social This means the child spends substantial time at when deciding custody is what is in the best • When a child lives the majority of time with and school life with each parent. Joint physical custody interest of the child. Some of the other factors can mean “50/50,” but it doesn’t have to. For one parent and spends scheduled time that a judge considers are listed below. • The demands of the parents’ work example, joint physical custody can mean with the other, it is usually called “visitation.” your child spends three days per week with Sometimes it is called “access” or “ • The fitness of the parents (ability to provide Remember that custody and visitation basic care) you and four days with the other parent. The time,” instead of visitation. Some judges use decisions are never considered to be term is also used when a child lives with one the words “physical custody” when referring to • The character and reputation of the parents final. As situations change, parents visitation. For example, “the father has physical parent during the school year and the other • The desires of the parents and agreements may be able to come back to court and custody and that is where the child makes her parent during the summer. between them request changes. home, and the mother has physical custody on Split Custody. The term “split custody” alternate weekends.” • The potential for maintaining relations with extended families only applies to families with multiple children. With split custody, one parent has Supervised Visitation: A judge will order • The preference of the child supervised visitation if it is in the child’s best of at least one child, and the • The material opportunities affecting the future other parent has sole custody of the other interest. The judge’s order will specify what life of the child type of supervision is needed. It may be children. Each parent has visitation rights. • The age, health, and sex of the child Some courts also call this “divided custody.” that the parent can only visit with the child at a relative’s home. In more serious cases, • Where the parents live and the opportunity Shared Custody. Shared custody has a it may mean that visits can only take place for visitation very narrow meaning that has to do with at a “supervised visitation center,” or in the • The length of separation from a parent MLA :: 1-color logo :: PMS 1807c child support. Maryland’s child support presence of the child’s therapist. Supervised • Whether the parent voluntarily left the child with guidelines are different for parents who visitation is not the norm, and the court will the other parent have “sole” custody and parents who have order it only when there is a very good reason.

www.mdlab.org MLA :: 1-color logo :: PMS 1807c

Maryland Legal Aid Offices Anne Arundel County Midwestern Maryland 229 Hanover St Carroll, Frederick, The Basics of Annapolis, MD 21401 Washington (410) 972-2700 22 S. Market St, Ste 11 Legal Aid Types of Child Custody (800) 666-8330 Frederick, MD 21701 & Visitation Baltimore City (301) 694-7414 This brochure was created by the Maryland Legal Custody. Legal custody is the right Main Office (800) 679-8813 Legal Aid Bureau, Inc. (“Legal Aid”), a non- and obligation to make long-range decisions 500 East Lexington St Northeastern Maryland Aid Legal Justice: to Access Equal Baltimore, MD 21202 Cecil, Harford profit organization dedicated to providing about important issues for your child. That Intake Lines: 103 S. Hickory Avenue high quality legal advocacy to protect means decisions about education, religious (410) 951-7750 Bel Air, MD 21014 (866) MD LAW 4U and advance human rights for individuals, (410) 836-8202 training, discipline, medical care, and other (or 866-635-2948) (800) 444-9529 Maryland : families and communities. significant matters. Legal custody is not Business Line: Southern Maryland (410) 951-7777 related to where a child lives. You can have (800) 999-8904 Calvert , Charles, Who should read this brochure? St. Mary’s legal custody even if your child is living with Cherry Hill 15364 Prince Frederick Rd The Basics When a couple separates, one of the most someone else. Neighborhood Ctr. P.O. Box 249 606 Cherry Hill Rd 2nd Fl Hughesville, MD 20637 difficult questions is, “Who gets custody of Baltimore, MD 21225 (301) 932-6661 Sole Legal Custody. If you have sole legal (410) 355-4223 the children?” It is often best if parents work (877) 310-1810 of Child custody, you have the authority to make these Baltimore County Upper Eastern Shore out a custody arrangement themselves, 29 W. Susquehanna Ave Caroline, Kent, Queen long-range decisions without having to ask the Ste 305 however it is not always possible. This Anne’s, Talbot Towson, MD 21204 Custody & other parent. Tred Avon Square, Ste 3 brochure is a brief overview of the different (410) 427-1800 210 Marlboro Rd (877) 878-5920 types of custody and the factors a judge will Joint Legal Custody. If you and the other Easton, MD 21601 consider when deciding custody disputes Lower Eastern Shore (410) 763-9676 Visitation parent have joint legal custody, you share Dorchester, Somerset, (800) 477-2543 between parents. an equal voice in making these long-range Wicomico, Worcester Western Maryland 111 High St Allegany, Garrett decisions. For joint legal custody to work, Salisbury, MD 21801 This brochure provides general information, 110 Greene St (410) 546-5511 parents must be able to get along and set Cumberland, MD 21502 not specific legal advice. Every effort is (800) 444-4099 aside their differences for the sake of the child. (301) 777-7474 made to keep this brochure up to date. Metropolitan Maryland (866) 389-5243 However, the law sometimes changes. If you Sometimes parents communicate well Prince George’s Statewide 6811 Kenilworth Ave Long Term Care Assistance have specific legal questions or a pending enough to have joint legal custody, but they Calvert Building, Ste 500 Project Riverdale, MD 20737 legal case, you are strongly encouraged to may be unable to agree from time to time. (800) 367-7563 (301) 560-2100 an attorney for legal advice. You One parent may be given “tie-breaking” (888) 215-5316 Farmworker Program (800) 444-4099 MLA :: 1-color logo :: PMS 1807c may be eligible for free legal services from authority, which means that parent can make Montgomery 51 Monroe St., Ste. 1200 Maryland Senior Legal Maryland Legal Aid or from another legal a final decision if good faith attempts at joint Rockville, MD 20850 Helpline services organization in your community. decision-making don’t work. (240) 314-0373 (800) 896-4213 Howard Visit 3451 Court House Dr www.peoples-law.org 2nd Floor for self-help legal Ellicott City, MD 21043 information and (410) 480-1057 community resources. Equal Justice www.mdlab.org Rev 8.2012 for Maryland TTY Users: Call Maryland Since 1911 Relay Dial 7-1-1