Maryland Child Custody
The laws for child custody in the state of Maryland are found in Title 5 and Title 9 of the Family Law section of the Maryland Code. Within these statutes, parents can find the necessary guidelines to create their Maryland parenting plan and custody agreement as well as the custody and visitation schedule. This is important information for a mother and father involved in a custody situation in Maryland to know.
1. Neither parent is given a preference for custody. Title 5-203 clearly states that neither parent is given preference for custody. This means that custody can be awarded to the father, to the mother, or jointly. This section of law also explains that both parents are equally responsible for the child’s support, care, welfare, nurture, and education. This is an important factor for a Maryland custody agreement. The parents should try and work together to come up with what is best for the child.
2. When the child reaches 16, he/she can file a petition to change custody. Title 9-103 states that when a child reaches the age of 16, he/she can file a petition for a change of custody. Parents should consider this as they create a Maryland custody schedule. They should make a schedule that adapts as the child grows older, and they should be prepared for the child to have a say in the schedule when the child reaches 16.
3. Grandparents and visitation. The state of Maryland will consider a petition by a grandparent to have visitation rights. The grandparent will be awarded visitation if it is found to be in the best interest of the child. This could be a big factor in a Maryland visitation schedule. If the child has had a lot of contact with grandparents, and if the child would benefit by having further contact, the parents should make sure that happens.
4. Denial of custody or visitation because of abuse. A mother or father who has been abusive does not have the right to have visitation with the child. Title 9-101 states that if there is evidence that a parent has been abusive, the court can deny that parent visitation rights. Supervised visitation is also an option if the safety and well-being of the child can be assured during the visit. If supervised visitation is necessary, the parents must include the information about that in the parenting plan and custody schedule.
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