Rockville Child Custody
Rockville Child Custody Lawyers
Advising parents on the best ways to establish legal and physical custody in Montgomery County
It can be difficult for parents to control their emotions during a divorce. For children, the disruption can be especially overwhelming. Children need as much consistency as possible. They need to know where they will live, who is responsible for making decisions on their behalf, and that both parents remain committed to their well-being.
Agreements for custody, called parenting plans, and court orders should detail legal custody, physical custody, visitation schedules, and may detail items such as how the child will get from one home to the other. If possible, parenting plans should also address how future disputes will be handled so the parents don’t continually end up in court.
At McCabe Russell Divorce and Child Custody Lawyers, our Rockville child custody lawyers work to develop parenting plans that reflect your children’s needs while supporting your role as a responsible, involved parent. To understand your custody rights, contact the experienced custody lawyers at McCabe Russell Divorce and Child Custody Lawyers.
How can McCabe Russell Divorce and Child Custody Lawyers help?
- Why choose McCabe Russell Divorce and Child Custody Lawyers for your Rockville child custody case
- What are the types of legal custody in Maryland?
- Factors Maryland courts consider in legal and physical custody decisions
- Frequently asked questions
- Do you have a Rockville custody lawyer near me?
Why choose McCabe Russell Divorce and Child Custody Lawyers for your Rockville child custody case
At McCabe Russell Divorce and Child Custody Lawyers, we take the time to listen to our clients. We know that child custody disputes are personal, and we work hard to understand your family’s unique circumstances and goals. Our attorneys approach every case with a focus on protecting your relationship with your children.
Whether your case can be resolved through negotiation or requires a trial, our Rockville child custody lawyers are ready to advocate on your behalf to serve your child’s best interests. We can help you through every step of this difficult process.
What are the types of legal custody in Maryland?
Maryland custody law recognizes two primary categories of custody: legal custody and physical custody, each of which may be awarded in different forms.
Legal custody
Legal custody is the right of a parent, or both parents, to decide how the child is educated, which doctors will treat the child, and the moral or religious upbringing of the child. Maryland courts often encourage the involvement of both parents in a child’s life, but legal custody arrangements are determined based on the child’s best interests. Our lawyers help parents pursue joint or sole legal custody arrangements based on what best serves the child’s needs.
Physical custody
Physical custody is the authority for a child to live with you and for you to make daily decisions for them. Physical custody addresses where a child lives and the day-to-day routine, but involves much more than just providing the child with a place to sleep. It means making meals, supervising his or her education and relationships, disciplining the child, and spending the time necessary to help them mature.
Physical custody can be sole, shared, or split. Sole custody is relatively rare, as courts are much more likely to opt for shared custody unless there is a compelling reason against doing so.
Sole physical custody
If one parent has sole physical custody, then the other parent is, with rare exception, entitled to have visitation rights with the child. Courts often use visitation schedules similar to every other weekend and shared holidays, but there is no statewide standard schedule in Maryland.
Shared physical custody
Physical custody may be considered shared when both parents have significant periods of parenting time, depending on the child’s best interests. Shared physical custody does require a fair amount of dedication by the parents so the child doesn’t feel like he or she is being bounced from one parent to the other.
Split custody
In families with multiple children, each parent may have sole custody of different children.
Factors Maryland courts consider in legal and physical custody decisions
Maryland courts decide custody based on the best interests of the child, considering a range of statutory and case-law factors. Courts and child custody attorneys review the following factors when working toward custody decisions:
- The stability of the home environment. Courts often consider which parent has historically provided care as one factor when evaluating the child’s best interests. In limited circumstances, where a parent is found unfit or exceptional circumstances are proven, a court may award custody to a third party if it serves the child’s best interests.
- The ability to provide for the children. The size and rooms in the home, the school the child will attend, the status of the neighborhood, and other home-setting conditions are considered. Courts consider stability and each parent’s ability to meet the child’s needs, including both tangible and intangible factors.
- The health of the parents. Generally, a parent’s disability only affects child custody if it directly impacts the child’s best interests. Parents who are unable to properly care for their children because they suffer from a debilitating illness (such as terminal cancer or a condition like MS) or who suffer from certain mental health conditions may face challenges when it comes to custody if their condition impacts their children’s wellbeing
- Whether there are other children. Courts typically prefer to keep siblings together instead of splitting them between parents.
- The desires of the children (depending on age and maturity). Older children do sometimes have some say about where they will live. Young children generally have little or no say in custody decisions.
- The ability to communicate with other members of the family. Grandparents may petition for visitation, but courts give special weight to a fit parent’s decision and require exceptional circumstances.
Frequently asked questions
Must I go to trial to resolve child custody issues?
Yes and no. You may eventually have to appear before a judge, but that is not the same as “going to trial.”
We draft and negotiate agreements that minimize conflict and protect your parental rights. Many times, we can resolve disputes by:
- Engaging child counselors to evaluate the emotional needs of the children
- Using a mediator to facilitate reaching a custody decision
- Working collaboratively to try to settle all phases of a divorce, including custody
In contested divorces, a temporary custody order may be needed to determine where the child will live and who will be responsible for them until the divorce and custody matters are decided.
What is child support mediation?
Mediation is a structured, confidential procedure in which a neutral mediator helps the parents reach a mutually agreeable child support arrangement. Married and unmarried parents can use mediation in child support. It is available for initial child support arrangements and to modify existing orders.
The advantages of mediation are that it is faster and less expensive than litigation. Mediation agreements are legally binding once they are incorporated into a court order.
How long does a custody case take?
Mediation cases may take weeks to conclude. Contested trials can take months.
Can a mother or father get sole custody easily?
Courts focus on the best interests of the child. Sole custody usually requires proof that joint arrangements will not meet the child's needs.
Do grandparents have visitation rights?
Grandparents may petition for visitation, but courts give strong deference to a fit parent’s decision and require exceptional circumstances.
Can custody orders be modified?
Child custody orders can be modified if there is a material change in circumstances and the modification will serve the child’s best interests. Circumstances that can justify modification include relocation, changes in work shifts, changes in the child’s needs, or safety considerations. We prepare modification petitions and negotiate updates for our clients.
At what age can a child choose where to live?
There is no absolute age for when a child can choose which parent to live with. A mature child's preference may carry weight, and preferences are often considered around older teen years when modifying custody arrangements.
What happens if a parent won’t follow a child custody order?
If a parent withholds a child or won't follow the custody schedule, the court can enforce the order through a contempt proceeding, make-up time, or other remedies. We move quickly to document custody order violations and pursue enforcement, so the schedule is respected, and the child's best interests are maintained.
Do you have a Rockville divorce and child custody lawyer near me?
Yes. Reach out to our experienced Rockville attorneys today. McCabe Russell Divorce and Child Custody Lawyers is located at 98 Church Street, Suite 100, Rockville, MD, 20850. We’re happy to schedule your consultation online or over the phone if you’re unable to come to us.
Speak with a trusted Rockville custody lawyer today
Children must come first. Parents who separate or divorce need to immediately consider whether the children will stay in the marital home and who and when the children can be with or communicate with each parent.
Custody orders remain in effect until the child reaches the age of majority unless modified by the court due to a material change in circumstances. To better understand your divorce and custody rights, please contact us. The lawyers at McCabe Russell Divorce and Child Custody Lawyers are here to help.
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Rockville Office
199 E Montgomery Ave
Suite 100
Rockville, Maryland 20850
Phone: (443) 812-1435