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.