What Is The “The Best Interests Of The Child” Standard In Maryland Family Law?
Courts need to use some standard for determining how child custody decisions will be made. In Maryland, as in every state across the United States, the courts use “the best interests of the child standard” to determine matters related to child custody. Such a determination is not laid out in stone and depends much on the discretion of the judge. In this article, the Bel Air MD family law attorneys at Schlaich and Thompson, Chartered will discuss the best interests of the child standard in Maryland family law cases.
What are the best interests of the child in a Maryland family law case?
A judge may consider any factor which is deemed relevant to the best interests of the children. As an example, local courts would examine who is living with either party, the school that the children go to, their academic performance, and any other factor relevant to the children’s welfare to make a decision on child custody. A judge would also consider the willingness of either party to share custody and the medical needs of their children.
The significance of the child’s best interests
Maryland courts are required to use the best interest of the child standard to determine the legal and physical custody of children under a specific set of circumstances. The judge is responsible for determining the child’s best interests in Maryland child custody cases and protecting the well-being of the children in a legally binding court order. In family court, the parents’ interests do not come first. A judge may order that a vulnerable child be kept away from a violent parent or only allowed supervised visitation to a parent with substance abuse issues.
Difficulties regarding the children’s best interest standard
Determining what the child’s best interests are is a subjective task relegated to the judge. This can make it difficult for lawyers who are litigating a child custody case. The parent who spends most or all of their time with their kids may have a different idea of their child’s best interests as opposed to a judge who has never met the family. The parties will also have a limited time to go to court and explain their family circumstances. At best, a judge would get a quick snapshot of the most important things about a case. This can make determining a child’s best interest in a Maryland child custody case very difficult.
Talk to a Bel Air MD family law attorney today
The Bel Air, MD family law attorneys at Sclaich & Thompson, Chartered represent the interests of those embroiled in a child custody case. Our skilled attorneys can advocate on your behalf and ensure your interests are met when the court hands down the decision. Call our office today to schedule an appointment, and we could begin discussing your goals right away.
