Fighting to Protect Fathers’ Rights in Maryland Child Custody Cases

Maryland law provides fathers equal rights when it comes to child custody. However, many fathers who go through the process may not feel like this is the case. The truth is, having legal rights isn’t enough on its own. Fathers need to assert those rights. And they need to do so effectively, which means having dedicated, experienced legal representation. At McCabe Russell, we understand the important role fathers play in the lives of their children, and we fight on behalf of fathers to protect their rights when their relationships with their partners break down. Here are some common misconceptions about fathers’ rights and information about how to assert legal rights in Maryland custody disputes.

Fathers have equal custody rights in Maryland

Maryland’s custody laws are gender-neutral. The state prioritizes the best interests of the children, which means they will look for an arrangement that they find beneficial for the children, not for either of the parents. Still, national statistics on child custody cases indicate that the results in the majority of custody cases favor mothers. In fact, just one in six custodial parents were fathers, according to a 2016 census report. Those numbers indicate that regardless of what the law says, fathers still need to fight to protect their rights. That fight often starts from the very beginning.

Establishing paternity in Maryland

About 40% of women who give birth in the U.S. are not married. For the fathers of these children, it’s important to prove paternity as a way to protect their parental rights. There are a couple of ways to prove paternity. First, fathers can sign an Affidavit of Parentage. Marriage to the mother is an implied acknowledgment, but unmarried fathers can sign this affidavit to establish themselves as the child’s father. If there is some question or conflict regarding parentage, either parent may petition the court for DNA testing to prove paternity.

Legally establishing parentage allows a father to assert rights and creates responsibilities, like the requirement to financially support the child.

Key legal rights for fathers in Maryland

Fathers have the following rights in Maryland.

Right to seek legal custody

Legal custody rights allow parents to make important decisions about their children. For instance, a parent with legal custody can make decisions related to education, religion, and healthcare. If a father is granted legal custody, he might share in the decisions with the other parent. It’s possible to have legal custody even without physical custody, which might be the case if a father lives too far from the children to have them at their home on a day-to-day basis.

The right to seek physical custody and visitation rights

Physical custody and visitation refer to a parent’s right to be physically with the children. A parent with physical custody might have the children with them in their home some or all of the time. Visitation allows a parent who does not have physical custody to spend time with the children. Sometimes, the court may order supervised visitation if they have serious concerns about the well-being of a child when in the care of a parent. It is important to understand that physical custody and visitation rights are highly protected, and courts cannot deny them without a finding of unfitness.

The right to access information

Fathers have the right to obtain information about their children. Important information might include medical records, school reports, and legal documents. A parent who withholds information from another parent can face serious consequences for their actions.

Child support rights (for custodial parents)

If a father has primary custody of the children, he may be entitled to collect child support from the other parent. Child support amounts are determined by Maryland’s child support guidelines, which calculate incomes, custody time, and important expenses like health insurance.

Factors courts consider when awarding custody in Maryland

The standard courts refer to when determining custody is the “child’s best interests.” It is important to the court that the children receive the support and stability they need. The needs and preferences of the parents do not matter as much as the needs of the children.

There are many factors that courts will look at when determining what they believe will be the best interests of the child.

Parental fitness

Parental fitness refers to a person’s ability to care for a child. If a parent is unfit, which might be the case if they are struggling with drug addiction or have a history of abusing the child, this will weigh against and perhaps lead to a denial of physical custody rights for the parent.

History of caregiving

If one parent is frequently absent and the other is extremely involved, this might influence how the court divides time between parents. It’s important to speak to an attorney about how this might apply in an individual case.

Cooperation with the co-parent

Willingness to cooperate with the other parent is another significant factor. If one parent is trying to alienate the other from the children, this may work against the parent engaging in alienation efforts.

The age of the children

In the case of children who are older teens, their preferences will also be relevant to the court. With younger children, their preferences will matter less. Younger children may be more susceptible to manipulation or swayed by something like a parent allowing them to have extra sweets while in their care.

Gender is not one of the considerations

It’s important to reiterate that the gender of the parent is not one of the factors the court takes into account. While people often assume that mothers always get custody or that fathers can’t get full custody, this is not true. These beliefs are outdated, and Maryland’s law does not support them. While some cases may still suggest that the courts hold some unfair biases, many likely have other factors at play. A father who wasn’t involved or who moved too far from the children’s school to care for them on weekdays might not have as much time with their children. However, the reason might not relate in any way to the gender of the parents.

The important thing to remember is that a father’s rights lawyer can advocate for equal time or for a father to have primary custody if the facts indicate this would be in the children’s best interests.

When to seek legal help

Going through a divorce or ending a non-marital relationship with a co-parent can lead to complicated emotions and heated disputes about the children. Anyone in the midst of such a battle needs to speak to an attorney right away to protect their rights.

Sometimes, years after the initial order, circumstances might change that make the existing custody arrangement no longer practical or in the children’s best interests. In that case, a parent should also seek legal help to modify or alter their order.

There are also unfortunate times when a parent might deny visitation or information rights from their co-parent. Parents on the receiving end of this treatment should contact an attorney to enforce their rights.

Contact us today to schedule a consultation

At McCabe Russell, our attorneys understand that children need the love and support of their fathers. If you are facing a custody, visitation, paternity, or child support dispute, reach out to us. Your rights matter. We’re here to assert them. Call us or fill out our contact form today to schedule a consultation with an experienced fathers’ rights lawyer.