Legal Question in Family Law in Maryland

Re: child custody

The courts award custody based on the best interest of the child standard. Many factors are considered including the character and fitness of the parties, the age and sex of the child, the living accommodations with each parent, the future economic opportunities for the child, the proximity of family members, etc. She should keep the child with her after the breakup because the courts also consider the status quo. If the child has resided with her leading up to the custody hearing and the child is doing well in her care, a strong argument can be made that the existing situation should be maintained.

Re: child custody

There is no maternal preference in Maryland so each parent is presumed to have equal rights until/unless the court decides otherwise. If he files for custody, she will need to answer and file a countercomplaint for custody. There are 14 factors the court considers when determining the "best interests of the child" and there are two types of custody (physical and legal) that must be awarded. For physical, it can be "sole" (with visitation rights to the other parent) or "shared" (meaning each parent has at least 128 overnights with the child per year). The sole/shared issue is significant because this dicates who must pay child support, and how much. If you need legal assistance our firm focuses on family law and we have 5 attorneys who offer services at reasonable rates. Please contact us for a free consultation. Thank you and good luck.