Navigating Child Custody: Understanding Your Rights And Responsibilities

Child custody is a deeply personal and legally intricate matter that profoundly impacts the lives of parents and children. In the United States, custody disputes typically arise in two contexts. Those include: during divorce proceedings and through state intervention due to concerns such as abuse and neglect. Despite the Constitutional protections given to parents concerning parental rights, there are various reasons why a parent may lose custody of their child. The state can revoke or limit custody rights when it is in the best interests of the child or children involved in the case.

Types of custody

Custody can be divided into two categories. Those are legal and physical custody. Legal custody concerns situations in which a parent has the authority to make decisions on behalf of the child. This includes matters related to healthcare, education, and religious upbringing. Physical custody, on the other hand, has to do with where the child resides on a regular basis or which parent has physical access to the child.

Determining custody in Maryland

When divorcing parents agree on custody terms, the court typically formalizes their agreement into a custody order. In some cases, however, the parents do not agree and cannot reach a consensus. In those situations, the court would make any final decisions regarding custody. The standard the court employs in these cases is the best interests of the children. The court will consider factors such as the child’s age, their relationship with each parent, whether the parents will cooperate with the timesharing schedule, and the stability of the home environment.

Reasons for losing custody

A parent can lose custody of a child for various reasons. Some frequently occurring reasons include:

• Domestic violence, abuse in the home
• Sexual violence
• Abandonment
• Neglect
• Conviction for certain crimes
• Sex offender status
• Endangering the welfare of the child’s health
• Failing to provide the child with an education
• Failing to facilitate and encourage a close and continuing parent-child relationship with the other parent
• Failure to assume parental responsibilities
• Failure to provide a stable home environment
• Moral unfitness
• Inactivity in the child’s life
• Failure to provide a consistent routine
• Substance abuse problems within the home
• Making disparaging comments about the other parent to the child
• Failing to honor the existing time-sharing plan

Talk to a Maryland Child Custody Attorney Today

Navigating child custody disputes often requires the assistance of attorneys who are skilled in family law. Qualified child custody lawyers play a crucial role in advising parents of their rights, responsibilities, and legal options throughout the process. The Bel Air family law attorneys at Schlaich & Thompson, Chartered have over 70 years of combined experience helping parents navigate the court system during custody disputes. Call our office today to schedule an appointment, and we can begin discussing how to protect your custody rights today.