subject: Learn how the category of child custody is determined [print this page] Learn how the category of child custody is determined
One of the pertinent legal questions that arise during a divorce proceeding is regarding child custody. Who has the right to the custody of the child is one of the common issues that you may need to contest. If this is the situation, you need to talk to a competent family lawyer specializing in the field.
Before you consult your lawyer, here is a brief guide about the basics of child custody in Maryland for your help. This knowledge would help you understand the relevant legalities and take necessary action immediately.
Before you gather information about the different categories of child custody, it is better to know two fundamental concepts physical custody and legal custody. Physical custody refers to the residential status of the child. The parent with whom the child lives has the physical custody right.
Legal custody, on the other hand, is about the upbringing of the child. The parent(s) with the right to deciding what is best for the child has the legal custody. It is on this basis on which the categories are determined in Maryland.
Temporary Custody Before the litigation process begins, the parent with whom the child is living needs to file for temporary custody. This is not any form of legal custody ordered by the court. It is only a temporary settlement until a resolution is reached.
Joint Custody This is where the parents share the physical and/or legal custody of the child. The court considers this only if there is enough proof that the two partners are capable of agreeing on matters of importance.
Split Custody This is applicable when there are two children. Each parent is then given full physical custody of one of the kids. However, this is dependent on the question of what is best for the children.
Sole Custody In case this custody is ordered, only one parent gets the physical as well as the legal custody of the child. The other may or may not be given the right to visitation, as per the directives of the court.
Maryland child custody is based on the best interests of the child'. There are certain factors that help determine what would be best for the child's present and future. Here are a few of the points of consideration.
Who takes care of the child? (The parent who takes care of the day-to-day needs of the child has an added advantage)
What is the character and reputation of the parent? (If one of the parents is a criminal or a drug addict, the other has an increased chance of getting custody)
Who is financially sound? (This is important because the child needs good upbringing and education)
How dutiful is the parent? (If any of the parents have ever abandoned the child, it is considered a negative trait)
Where do they live? (This is important, as this would determine the extent to which the child could be visited by the other parent or the extended family)
Other things that are taken into account to decide on child custody are the age, sex and health of the child, his/her preference (f he/she has reached a suitable age), length of separation, presence of any previous agreements, and such others.
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