subject: Determining Child Custody And Visitation Rights [print this page] Numerous issues crop up as an aftermath of divorce. In case there is a child, the chief question that arises is who gets the custody. The State of Maryland has accepted the Uniform Child Custody Act as early as 1957. As per the guidelines of the Act, the court decides on the issue taking into consideration the best interests of the child. The Code Section Fam. 5-203, 9-102 provides the guidelines in this matter.
What factors determine the best interest of the child? The court takes into account several factors like:
Age and health of parents
Character and related questions of parents
Desire of natural parents (if any agreements between them exist)
Maintenance of natural family relations
Material opportunities (if these affect the childs future)
Age, sex and health of child
Parents residencies (opportunity for visitation)
Length of separation period
Any prior surrender of custody of child or abandonment (only voluntary)
What are the accepted types of child custody in Maryland? There are two specific ways. These are as follows:
Physical custody The parent, with whom the child stays, has the physical custody of him/her.
Legal custody The parent, or parents, with the right to decide about the childs upbringing have the legal custody.
One of the estranged spouses may have both the physical and legal custody of the child in certain circumstances. In most cases, this is allowed if one of the parents is physically or mentally unfit to take care of a child, or he/she has a history of abandoning the child, and such others.
However, Maryland laws also give the parents the option of shared custody, where both the parents have equal rights in decision making pertaining to the childs future. They could also make an arrangement with regard to the residency of the child, so that he/she is not deprived of a fathers/mothers love and company.
Look for a lawyer who practices in your state, and in your locality. If you are dealing with Baltimore Child Custody, you wont find a lawyer located somewhere else of much help. To find a lawyer in your state, just visit a Maryland lawyers directory. There are numerous reasons to meet your lawyer to give a document, to get help related to a legal decision, to sign legal forms, and many others. It would be quite difficult to arrange for these meetings frequently.
It is always better to reach a settlement about child custody and visitation on your own. Maryland law does not consider the childs wish in this regard. Only when the child is above the age of 16, can he/she file a petition to change custody rights as per their wish.
by: Allek
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