Deciding where a child lives, among other important decisions for their daily life, is one of the most important aspects of a divorce proceeding. In many cases, parents will share custody and set a visitation schedule for the non-custodial parent.
However, if one parent is not fit for custody, there may be grounds to reduce their role in the child’s life. When it comes to custody matters, parents should consult legal counsel about their rights and obligations.
Each family dynamic requires different circumstances. A diligent family attorney could take the time to listen to a client’s concerns and develop a custody and parenting plan that satisfies their needs. An Owings Mills child custody lawyer could review the circumstances of a case and advise their client accordingly.
Maryland law generally recognizes two kinds of custody: legal custody and physical custody. Legal custody refers to a parent’s power to make significant, long-term decisions regarding the child’s health, education, and upbringing. Physical custody encompasses the right to spend time with a child and make day-to-day decisions.
The biological parent usually has custody over their child, but in limited circumstances, grandparents or other relatives can petition the court for custody.
Depending on the specific family dynamic and reasons for filing for custody, parents may opt for any of the following arrangements:
Sole custody refers to when only one parent has legal and physical custody. Split custody means that, in families with two or more children, each parent has sole custody of a different child.
In joint custody, a child lives with one parent, but both parents make important decisions about their upbringing. With this type of legal custody, the parent who does not live with the child can still play a significant role in their life.
A child splits time between the two parents’ residences in shared physical custody, but this may not be a 50/50 split. Parents often work with their attorneys to develop a plan that coordinates their schedule and the child’s needs.
Some parents can reach a custody agreement quickly, but in other cases, an Owings Mills couple may need their attorneys and the court to determine the child’s best interests. Ultimately, the judge will attempt to preserve both parents’ relationship with the child unless one is unfit.
When one parent violates a custody order, there are significant legal consequences. In many divorces, the custody arrangement and parenting plan will be decided as part of the marital settlement agreement.
If one parent refuses visitation, directly or indirectly, the other has a few options to enforce the custody order. First and foremost, it is recommended that parents attempt to work it out on their own. Not only does this avoid the time and expenses of going back to court, but it also preserves the family relationship.
If all else fails, the parent seeking to enforce the order can file a motion to hold the other parent in contempt of court for violating the order. To discuss enforcing a child custody order, get connected with an Owings Mills lawyer.
The Owings Mills child custody lawyers with Nguyen Roche Sutton understand that family law issues profoundly impact both a client’s life and the lives of their children. Every family dynamic is unique, and a seasoned attorney could take special care in their client’s case to help meet their goals and resolve the entire dispute.
Nguyen Roche Sutton has assisted countless parents with family law disputes. Whether clients need assistance establishing a child custody arrangement, a parenting plan, or enforcing an existing order, they are here to help. Call today to schedule a case evaluation.
