Clarksville Child Custody Lawyer

Clarksville Child Custody Attorney

Child custody involves more than just time with your child. Custody grants a parent the power to make important decisions regarding the child’s upbringing, future, and care. Parents in Clarksville, MD, therefore, have a deep emotional investment in how custody and visitation arrangements are settled. In order to ensure your parental rights are being protected throughout custody arrangement proceedings, it is vital that you partner with a qualified and experienced Clarksville child custody lawyer.

When a child’s parents split up and are unable to come to their own agreement, Maryland courts will step in and make custody arrangements and decisions regarding visitation.

Child Custody and Visitation Representation in Clarksville, MD

Though hiring an attorney in family law cases is optional, child custody cases should be handled with the help and guidance of a skilled and compassionate lawyer. The attorneys at the Law Offices of Todd K. Mohink, PA, can advocate on your behalf, discussing your options with you and developing strong arguments to present in your case to achieve the most favorable outcome.

Types of Custody

There are two types of child custody recognized in Maryland:

• Legal custody. This type of custody designates which parent maintains the right to make the important decisions regarding how the child will be brought up, including healthcare, education, and religion. Non-legal matters, such as discipline or daily life choices, remain the right of both parents to decide.
• Physical custody. This type of custody designates how much time each parent will spend with the child. Maintaining physical custody grants a parent the right to have the child in their home, and physical custody arrangements will delineate the percentage of time the child spends with each parent.

Being granted legal custody of a child does not indicate how much physical custody you will be granted. In fact, Maryland courts may grant sole or shared custody to either or both types of custody. This means there are four total custody arrangements:

• Joint legal custody and joint physical custody
• Sole legal custody and sole physical custody
• Joint legal custody and sole physical custody
• Sole legal custody and joint physical custody

Types of Visitation

A parent with sole physical custody would be known as the custodial parent, while the other would be referred to as the non-custodial parent. Visitation, then, refers to the rights given to the non-custodial parent to spend time with their child.

When amicable, this schedule can be worked out and determined between both parents. Otherwise, alternative dispute resolutions, such as mediation, can be used to reach a fair agreement on a set visitation schedule. Various considerations will be made when determining what kind of schedule is right for the child. Based on these factors, one of four types of visitation schedules will be chosen:

• A fixed visitation schedule determines the exact dates and times during which the child will spend with each parent, with little room for changes. This works well for parents who would rather not or otherwise cannot communicate with one another.
• A flexible visitation schedule allows for reasonable changes to the schedule as needed to fit the needs and schedules of both parents. This works most effectively when parents are able to communicate with one another but places a lot of power on the custodial parent.
• A supervised visitation schedule is available for non-custodial parents who would not otherwise have visitation rights with the child but are allowed time on the provision they are accompanied by a supervising counselor, social worker, or court liaison. This is in place for the safety of the child in situations where a court is encouraging contact despite a parent’s struggle with substances, violence, or anger.
• No visitation. Maryland courts will always prefer that children get time with both parents whenever possible. However, in rare cases, the court may prevent all contact with a non-custodial parent if it is in the child’s interest that they do not have contact.

It is important to remember that custody and visitation arrangements will always be made or granted according to what the court believes will be in the interest of the child, not necessarily the parent.

FAQs About Clarksville, MD Child Custody Law

How Do I Get Custody of My Child in MD?

To get custody of your child, you can complete a Complaint for Custody to the Maryland courts asking to grant you custody. The form should be filed in the same Circuit Court in which the child resides. It should be noted that Maryland is not a “mother state” in that it does not favor one parent over another. Instead, custody will be granted to one or both parents, provided they’ve demonstrated an ability to safely care for the child.

How Does Child Custody Work in Maryland?

When a child’s parents split up, an agreement must be reached as to who will have custody and how visitation will be arranged. The couple is given the opportunity to come to an agreement among themselves. However, if no agreement can be reached, the court will assess what is in the interest of the child, award sole or dual custody to one or both parents and arrange parenting time and visitation schedules.

Is Maryland a 50/50 Custody State?

Maryland is not a 50/50 custody state. However, while there is no legal presumption of 50/50 custody, courts will generally favor some sort of shared custody as long as doing so remains in the interest of the child. The court will award all or some custody to each parent. Regardless of the custody arrangement, each parent continues to have a legal obligation to support their kids. Additionally, Maryland does not give maternal preference in arranging custody.

What Do Judges Look for in Child Custody Cases in Maryland?

Every family is different, and every case is unique. However, there are certain factors judges will typically consider in child custody cases in Maryland. Judges will look at overall parent fitness, each parent’s reputation and character, and prior abandonment.

They will also assess each parent’s residence, geographic proximity, opportunities for visitation, future life opportunities for the child, and potential for maintaining family relations. Lastly, they will consider the age, health, and sex of the child and the child’s preference.

Your Clarksville Child Custody Attorney

Child custody cases carry extremely emotional tolls for everyone involved, including both parents, their families, and the child. A qualified and experienced lawyer can offer guidance and counsel, but compassionate and dedicated representation will ease much of the burden while you settle into a new chapter. For comprehensive and caring child custody counsel, contact the Law Offices of Todd K. Mohink, PA, today.