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Introduction: Custody is a “Customizable” Arrangement
When laypeople think of child custody, they tend to see custody as something which falls into one of two broad categories: joint custody and sole custody. In other words, most non-specialists aren’t aware that there are a lot of permutations when it comes to the range of custody arrangements which may be imposed by Maryland courts. Custody disputes aren’t simply a question of whether there will be joint or sole possession; essentially, courts can enforce all sorts of potentially viable custody variations, but most of the variations can be organized into a few familiar categories.
There is legal custody and physical custody – these separate custody types involve completely distinct kinds of legal authority – and then other permutations of these types. So, for example, a given set of parents might prefer to have joint or shared legal custody but sole physical custody. This would mean, as we will better clarify later, basically that both parents share the critical decision making powers associated with child development, but the child resides overwhelmingly (or even entirely) with just one of the parents.
Parents have wide ability to develop customized, individualized custody arrangements which will yield the best possible parenting outcomes. Invariably, Maryland judges need to review every proposed custody arrangement to ensure that everything is up to par, but Maryland’s “best interests of the child” principle allows for good levels of discretion among parents.
Essential Features / Characteristics of Legal Custody
Simply put, in Maryland law, the term “legal custody” refers to the authority granted to parents to make certain decisions on behalf of their children. The precise decision making authorities given to each parent are spelled out in each specific custody plan, but generally legal custody includes authorities over things such as religious instruction or education, disciplinary issues, general educational issues, medical care, and basically anything else which relates to the children’s welfare.
Again, parents don’t have to rely on the state to develop a workable custody arrangement, they have the power to freely develop arrangements among themselves and then submit those arrangements for court approval. Parents can agree to share certain decisions, but let go entirely of others. Just like physical custody, legal custody can be tailored to meet each particular factual scenario.
Essential Features / Characteristics of Physical Custody
Often referred to as “parenting time,” physical custody involves living time with the child. This is the precise division of time allotted to each parent for physical possession of the child. Often, physical custody is shared, but one parent has the majority of possession; the parent who has majority possession is referred to as the primary custodial parent, or simply as the custodial parent, while the other parent is the noncustodial parent. As with legal custody, physical custody arrangements can be freely adapted – parents might alternate bi-weekly, or monthly, or have any number of other potential parenting time configurations. Rarely, one parent has sole physical custody; this commonly occurs when one parent is either incarcerated or deemed highly unfit to play a healthy role in the child’s development.
Readers need to be aware that custody disputes are often extremely time consuming and expensive to resolve. Parents need to navigate these disputes cautiously, or else risk expending an exorbitant amounts of time, energy, and money settling them.
Contact the Murphy Law Firm for More Information
If you would like to learn more about the subtle differences between legal and physical custody in Maryland, common custody disputes among Marylander parents, tips to privately resolve custody disagreements, and any other related family law matter, contact one of the family law attorneys at the Murphy Law Firm today by calling 240-219-1187.
