Determining the Best Interests of the Child in Frederick

During a child custody dispute following separation or divorce, the best interests of the child will be a central topic. Decisions on legal and physical custody involve many different considerations, but determining the best interests of the child in Frederick is central to any child custody order. Understanding what is best for the child is essential when child custody is contested between parents. Our experienced child custody lawyers at Rolle & DeLorenzo can help you learn more about your legal rights and options in any child custody matter. Call today to learn more.

What is the Best Interests of the Child Standard?

Under Maryland Code, Family Law §5-203, state law generally considers both parents joint natural guardians of the child with equal custodial rights. However, circumstances vary between households. What if joint legal and physical custody is not in the best interests of the child? Then, the Court will examine various best interest factors under Maryland Code, Family Law §9-204. Some factors have more weight than others, but in each case, the Court’s decision will be highly dependent on each family’s specific circumstances and what makes sense going into the future. Even if parents in Frederick reach a joint agreement on custody issues, a Court can overrule the settlement if it finds that a mutual agreement does not serve a child’s best interests.

What Are the Best Interest Factors?

The Court is required to consider many different factors when determining what serves a child’s best interests in Frederick. Best interest factors under state law will generally include:

• Primary caretaking responsibilities: If one parent has taken primary responsibility of handling essential matters such as medical care, education, grocery shopping, bathing and feeding, and other day-to-day tasks, this factor will weigh in their favor. If both parents have shared these responsibilities, that weighs in favor of equal decision-making authority.
• Fitness as parents: The Court can consider the psychological and physical abilities of both parents to care for the children. The Court will also consider any history of domestic violence, abuse, or neglect.
• Maintenance of family relationships: Parents must be able to communicate effectively with each other regarding the child’s day-to-day needs.
• Residences of parents: Where each parent lives, how far they are from each other, and opportunities for visitation with each parent will play into any final decision on legal and physical custody.
• Age, health, and gender of the child: Parents are expected to meet the needs of their child. The child’s age, gender, and any health conditions or disabilities are essential parts of a child’s best interests.
• Length of separation between parent and child: If both parents have fostered continuing relationships with the child, this factor is equal, but if one parent has voluntarily not spent time with the child in weeks, months, or years, that will weigh against them.

These and other factors will be essential in any final decision on child custody. It is wise to understand these factors and know how to explain any strengths or weaknesses when the Court is considering best interest factors. Our skilled lawyers can help you prepare.

Our Frederick Lawyers Can Help You Determine What Is In the Best Interests of Your Children

Whether custody is disputed or agreed upon, determining the best interests of the children in Frederick is always part of the Court’s job. The dedicated legal team at Rolle & DeLorenzo can help you understand what the best interests are and how they affect your case. Call now to learn more about your options.