Child custody: Best interests of the child standard
In any child custody case, the court should focus on one thing above all else: the best interests of the child. This is true in Maryland child custody cases and those around the country.
There are a number of factors that help the court determine what is in the child’s best interests, including:
- The fitness of the parents to raise the child
- The parents’ character and reputation
- Any abuse allegations
- The child’s age
- The child’s health
- The child’s relationship with each parent
- Opportunities that impact the child’s future (including financial opportunities)
- Any grounds for divorce that have affected the child
- Religion
- The child’s preference, if he or she is of sufficient age and is capable of rational judgment
- The possibility of visitation
- Prior surrender of custody, or abandonment
A parent’s interests are important and can play a role in determining child custody, but generally, a parent’s interests are considered in terms of what is best for the child.
When parents request joint custody
When a court decides what is in the child’s best interests in cases where parents have requested joint custody, it must consider additional factors, including:
- The ability of the parents to make decisions together about the child’s welfare
- Whether the parents would like to share child custody
- The possibility that shared custody would disrupt the child’s school and social life
- The location of the parents’ homes
- The parents’ financial abilities and any impact on government assistance
- The benefit to both the child and the parents
- Evidence of domestic violence
Source: The Women’s Law Center of Maryland, “Marriage & Divorce in Maryland: The Best Interest of the Child Standard,” 2008.
