Physical Child Custody in Frederick

If you are going through a divorce or separation with children involved, the issue of child custody can be one of the toughest challenges you face. Legal custody and physical custody are two separate things under state law, and you will need to understand your rights and options regarding each. Physical child custody in Frederick is based on many factors unique to your situation. Understanding the different types of custody arrangements and components involved can help parents negotiate and prepare for court hearings if necessary. The dedicated child custody lawyers at Rolle & DeLorenzo are here to help you move forward with confidence.

What is the Difference Between Legal Custody and Physical Child Custody?

Generally, state law provides for two types of custody, both of which are enforced at the same time. Legal custody refers to a parent’s decision-making authority over the child’s upbringing, while physical custody refers to where a child spends their time and how much time they spend with each parent in Frederick. Under Maryland Code, Family Law § 5-203, there is a rebuttable presumption that both parents are joint natural guardians of the child with equal rights to custody. However, the Court has the authority to make custody decisions following the best interests of the child, and the presumption for joint custody can change based on the circumstances.

Physical Custody and Best Interest Factors

Custody orders can be created based on negotiated agreements or based on court orders after a custody hearing. Either way, the Court is required to review the best interests of the child in any given situation.

Several best interest factors are considered by judges, with some given more weight than others depending on the circumstances. Best interest factors under state law typically include:

• Primary caregiver: Does one parent serve as a primary caregiver – handling doctor’s appointments, school decisions, shopping, and day-to-day care of a child? Or do both parents share these responsibilities equally?
• Fitness as a parent: Courts may consider the psychological and physical abilities of both parents to care for the child now and into the future.
• Ability to maintain family relationships: Parents must have the ability to communicate with each other and facilitate healthy relationships between their child and the child’s other side of the family.
• Character and reputation: A parent’s moral character and reputation within the community might be considered.
• Residences of each parent: Courts will look at where each parent lives and the opportunities for visitation with each parent if a certain custody decision is reached.
• Age, health, and gender of the child: This, along with the age and health of each parent can be a factor in custody orders.
• Length of separation between parent and child, and any history of abandonment: If a parent has not spent significant time with the child over the preceding months or even years, physical custody orders may reflect this fact.
• Religious or moral views, if this has a significant impact on the child’s well-being.

Decisions on physical custody are based on these and other factors that might come into play. It is essential to start the physical custody process with sound legal advice from a Frederick lawyer with experience and dedication to these issues.

Contact a Frederick Attorney Today to Discuss Physical Child Custody

Whether you are at the start of the child custody process, in the midst of a contested proceeding, or need to modify a previous court order on physical child custody in Frederick, our legal team at Rolle & DeLorenzo can help. Call today to schedule your consultation.