One of the most common reasons that couples who are considering a divorce will stay together is the uncertainty of how their children will react if they separate. Child custody is a stressful topic, and for those with children, it is typically the top concern of partners who are going through a divorce.
In the state of Maryland, full custody of a child is referred to in the courts as “sole legal and physical custody.” This means that one parent is responsible for making all of the decisions about raising children without requiring the input of the other parent. These decisions often include health, education, religion, travel, and general welfare.
The children typically also live with the parent, who has full custodial rights. There are situations where the other parent, who is not granted custodial rights, still has visitation rights so they can still see their children.
Full legal custody of a child means that the legal custodian will have the right and responsibility to make decisions about the child’s upbringing, such as healthcare, education, religion, and more. So, how do you get full custody of a child?
When awarding full custody to one parent in the event of a divorce, the courts will take into consideration what is in the best interest of the child in order to support their well-being and development. Full legal custody can be granted to a parent, grandparent, or other non-related party; the courts determine custody arrangements based on the child’s well-being.
Being prepared for your case when requesting full custody can make all the difference. In order to prepare, your Annapolis child custody attorney can help to put together documentation to support your case. They can also advise you on what the courts are typically looking for when they award one parent with full custodial rights.
Establishing parentage is important for child custody cases. When looking at a child custody case, the courts in Maryland typically begin with presumption of parentage. This means that if the mother was married at the time that the child was conceived or born, the law presumes that the husband is the legal father of the child, even if he is not technically the biological father. This is a presumption of the courts and can be challenged in a child custody case, if necessary.
If the parents were not married when the child was born, establishing paternity can also be accomplished through an Affidavit of Parentage form or a court order. The parentage affidavit is a document that can be signed at the hospital when the child is born, this will ensure that the father’s name is added to the birth certificate and establishes paternity. If the paternity is contested by either the mother or father and cannot be resolved by genetic testing, the courts can schedule time to review the case of parentage.
The evidence and documentation used to support your full custody request case might include but is not limited to:
Your attorney may reach out to your friends, family, and coworkers for additional character and reputation references. This can help the courts make a decision in your case. Some of the common forms requested in a Maryland child custody case can be found here.
Once all of your character witnesses and documentation have been collected and organized, you will have the opportunity to present your case for full custodial rights in court. You may be asked to give an opening statement and to answer questions from the judge. Remember to speak directly to the judge and give only honest answers. Your attorney can help walk you through these scenarios before your court case so that you are comfortable and can remain calm throughout the hearing.
If you believe that you should be the sole custodian for your child or children, you can petition the courts for this. Your child custody attorney can help put together your case and advise you on what documentation can help support your request.
The courts will look at several different factors when they are determining a child custody arrangement and make a decision based on the best interest of the child. Some of the grounds for receiving full custody of your children in the event of divorce include if the other parent:
There are other factors the courts will consider and every case is unique. For this reason it is advisable to work with an experienced child custody attorney in Maryland.
Ideally, child custody issues could be resolved outside of court. This helps avoid delays in the process and helps both parents have more control over the outcome of child custody issues. There are several different steps that you can take before going to court to resolve custody issues. Many co-parents start by speaking with their attorneys to outline the schedules and details of their proposed child custody agreements.
If communication is an issue, working with a mediator is also an option. A mediator can help work through disagreements and challenges that come up when discussing child custody. You may be able to settle the issue of child custody outside of court if you and the child’s co-parent are willing to discuss these issues with one another and with the help of a professional. If you are concerned about your safety or the safety of your child, it is advisable to speak with your attorney to determine if the court system is the best way to proceed.
There are several different ways that you can make a case to secure your preferred child custody arrangement. The courts will look at the relationship that both parents have with the child and make decisions based on the best interest of the child. A declaration letter to the judge is one way to advocate for your requested custody arrangement.
A declaration letter is a formal testimony that the judge will review and take into consideration when determining child custody arrangements. The letter can outline your specific custody arrangement requests. This is one option to explore with your attorney if you and the co-parent are having difficulty agreeing on a child custody schedule, parenting rights, and more. The courts might also request one declaration letter from each parent in order to review the requests and make a decision on custody arrangements.
Working with an experienced attorney is essential when you are going through a custody dispute. Obtaining legal representation can take a lot of the stress and guesswork out of the process. It is helpful to have a skilled attorney advocating for your custody rights.
Negotiating a custody arrangement can be one of the most challenging parts of your divorce, especially if you and your ex are not on good terms. Some helpful tips for working through the custody arrangement negotiations include:
Going through a divorce while attempting to figure out child custody can be incredibly stressful. At the Law Office of Patrick Crawford, our clients are our top priority, and we will do everything that we can to help you gain the maximum custody of your children. To learn more about your options and to put together a strategy for securing child custody, contact the Law Office of Patrick Crawford today.
To schedule a free initial consultation, you can contact us online or call us at (410) 216-7905. We are here and ready to help.
Patrick Crawford is an Annapolis Family Lawyer dedicated to helping you through the most complex and emotional family law matters. During his career, Patrick has successfully represented countless people in divorce, child custody, child support, domestic violence, and other family law cases of diverse complexity.
Years of experience: 20+ years.
Maryland Registration Status: Active and authorized to practice law.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page has been approved by attorney Patrick Crawford, a legal professional with over 20 years of experience in family law.