Howard and Montgomery County, Maryland Child Custody Lawyers

Understanding legal custody of children

Legal custody is the authority to make “big picture” decisions regarding the children’s upbringing and safety. Specifically, the parent(s) with legal custody make decisions about:

• Medical treatment.Children need to see doctors for checkups, illnesses, injuries they may suffer, and for all types of medical problems. The person with legal custody decides which doctors the child sees and what treatments are given in non-emergency situations.
• Educational opportunities.Legal custodians choose whether the child goes to a public school or a private school (if the expenses can be covered), make decisions about additional help (when necessary), and about which extracurricular activities the children may engage in once school ends.
• Religious upbringing.Deciding which church or religious institution your child attends or if the child follows any religion at all is made by the legal custodian.

One parent can be given sole legal custody, or both parents can have joint legal custody, where the parents make major decisions together. This can prove problematic when two parents disagree about how to move forward, which is why a parenting plan is both necessary and helpful.

What is physical custody?

Physical custody is residency: where the child physically resides. A parent has “primary custody” if the child stays with that parent more than 65% of the time. Otherwise, both parents are awarded “shared custody,” even if the living arrangement is not evenly split.

The family court, unless the parents can agree, decides where the child will live and on which days. The parent with physical custody makes the everyday living decisions for the child.

If the parents are unable to agree about where the child will live and when, the court will consider these factors (among others) to make its decision:

• The psychological and physical abilities of each parent must be considered. Under Maryland Fam. Law § 9‑107, a parent’s disability is relevant only if evidence shows it affects the child’s best interests. The alleging party bears the burden of proof, and courts must consider reasonable accommodations.
• Caregiving abilities.Whoever can best get the child ready for school, feed them, buy their clothes, etc., may be considered, especially if there is documented evidence that one parent is incapable of doing so.
• Where the parents live.A parent who remains in the same town, or in the same school district, may be granted physical custody over the parent who relocates.
• Developmental needs of the child.Courts consider the child’s age and developmental needs (for instance, feeding routines for an infant) without favoring either parent based on sex or gender.
• The child’s preferences.There is no fixed minimum age where Maryland courts will necessarily consider the child’s preference. Older children are more likely to have some sway, but ultimately, the court will make the ruling based on what the judge thinks is best for the child.

Other factors the court may consider are the health of the child, the length of the separation, prior abandonment, and whether the child has special needs.

Additional custody considerations

The family court judge or magistrate can make a preliminary decision in a pendente lite hearing about the temporary physical custody of the child/children until a formal hearing can be held.

Once an order is entered, whether through a court decision or parental agreement, it can only be modified based on another court hearing. Typically, modification of a custody order requires a change in the circumstances that impacts the children’s best interests.

A custody schedule (when the child stays with each parent) should be as specific as possible, and may include information about holidays, vacation time, and even transitions from one parent to the other.

How should I respond if my ex-partner wants to relocate with our child?

Child custody agreements sometimes need a fresh look when life brings a big move. At McCabe Russell Divorce and Child Custody Lawyers, we help parents negotiate structured modifications, whether you're planning to relocate or responding to a request from the other side. We collaborate to draft revised parenting plans that prioritize your child’s stability, schooling, relationships, and emotional health.

Should relocation spark negotiation or court consideration, we guide you through Maryland’s criteria for assessing whether the move is in the best interests of the child. You’ll have clear advice and thoughtful advocacy every step of the way.

What if the other parent isn’t following the child custody agreement?

Finalized custody or visitation orders mean little if one parent isn’t following them. Our family law team helps you enforce agreements or modify them when life changes through clear, doable legal strategies. Where possible, we can pursue collaborative remedies like mediation or supportive coaching to get things back on track with minimal conflict.

But when court intervention is necessary, we file modifications or enforcement motions tailored to safeguard both your rights and your child's routine, with a focus on outcomes that support long-term peace and parenting cooperation.

Best interest attorneys and guardians ad litem

In certain disputes, a child's voice needs professional representation. Heather McCabe and Emily Russell are certified Child’s Best Interest Attorneys (formerly ‘guardian ad litem’), appointed to speak for children when parents cannot reach an agreement or when safety is a concern.

If your case involves complex dynamics, like emotional distress, abuse, or conflicting parental claims, you can trust McCabe Russell Divorce and Child Custody Lawyers to advocate for what truly matters: your child's long-term welfare and attachments, viewed through a lens of compassion, clarity, and legal expertise.

Can parenting coordination help my family find a better path forward?

Parenting cooperation post-separation doesn't always come naturally, but it can be learned. With Heather McCabe serving as a trained Parenting Coordinator, our firm supports parents in resolving disputes outside the courtroom and implementing more effective communication strategies.

This structured approach focuses on real-life parenting challenges, like bedtimes, schedules, or changing schools, to minimize conflict and maximize cooperation. The goal is a sustainable plan that protects your child’s well-being while reducing stress for everyone.

What should I know about child custody and children with special needs?

Every child is unique, and for children with special needs, custody arrangements deserve thoughtful, individualized attention. At McCabe Russell Divorce and Child Custody Lawyers, we understand that ensuring stability, appropriate care, and tailored communication is especially critical in these circumstances.

Whether your child has developmental, medical, emotional, or learning-related needs, we help structure custody plans that accommodate therapies, medical treatments, individualized education plans (IEPs), and the routines that support their well-being. We collaborate with healthcare professionals, educators, and therapists to build practical schedules and decision-making frameworks that reflect your child’s best interests. Our goal is to create custody agreements that provide consistency and comfort while empowering you to advocate confidently for your child’s holistic needs in both everyday life and legal settings.

Frequently asked questions

What types of child custody does Maryland have?

Here in Maryland, we have two types of custody:

• Legal custody which gives a parent the right to make the major decisions about the children’s upbringing, including education, healthcare, and religious instruction.
• Physical custody determines where the child lives and who will provide the day-to-day care.

Parents can share custody jointly, or one parent can be awarded sole custody. Courts always prioritize the child’s best interests when making custody decisions.

How does the court decide custody in Howard and Montgomery Counties?

The Maryland courts consider several factors to determine what is in the child’s best interests, including:

• The child’s age, as well as their physical, emotional, and educational needs
• Both parents’ ability to care for the child
• The child’s relationship with each parent
• Any history of neglect, abuse, or domestic violence
• The child’s preferences (depending on age and maturity)

Judges try to create arrangements that allow meaningful contact with both parents, while ensuring the child’s safety and stability.

What is a parenting plan?

Parenting plans are detailed documents that outline how parents will share child custody and responsibilities. They typically include the following information:

• Visitation schedules and holiday arrangements
• Decision-making authority on health, education, and religion
• How parents will communicate about the child
• Procedures for handling disagreements

Maryland courts require parties to submit a Parenting Plan in custody cases (CINA cases excluded). If parents can’t agree, the court decides based on the child’s best interests.

How is visitation determined?

Parenting time, or visitation, is generally designed to give the non-custodial parent access to the child. The courts take into account factors like:

• The distance between homes
• Each parent’s work schedule
• The child’s school and extracurricular activities

The court will approve a flexible arrangement if both parents agree, but it will step in if conflicts arise. In Howard and Montgomery Counties, the court often encourages mediation to resolve visitation disputes before issuing any orders.

Can custody orders be modified?

Yes, they can. Custody orders aren’t permanent. If circumstances change, like if a parent moves, their work schedule changes, or a child’s needs warrant it, either parent can request a modification to the custody order. The court must first find a material change in circumstances and then determine that modification is in the child’s best interests.

Speak with a strong, caring Howard and Montgomery County child custody attorney today

The family law lawyers at McCabe Russell Divorce and Child Custody Lawyers help clients create custody agreements in parenting plans, and make certain every agreement or decision is made part of an enforceable court order. We have the skills and resources to fight for your rights in court and to represent the best interests of you and your child. For more information, please call our offices or complete our contact form. We have offices in Bethesda, Rockville, Fulton, and Columbia.

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