What Are The Criteria For Determining Custody?

Whether the custody dispute is due to divorce or the parents have never been married, determining how custody will be awarded and to which parent is one of the toughest challenges the family courts must come to terms with every day.

Judges (and sometimes juries) must make decisions that may impact a child’s life forever. As family law attorneys, it is critical to make sure our clients understand the process and present the best possible case for protecting the child’s best interests.

“Understanding different approaches to insulating children from conflict and divorce altogether, while meeting their emotional and therapeutic needs along the way is critical. Maintaining relationships with third-party professionals who can assist children going through high conflict divorce is very important to our practice.” – Spencer Hecht

Guiding You Through The Process Of Determining Child Custody

At Hecht & Associates, LLC, we make it a priority to help our clients understand that custody decisions in Maryland and the Superior Court of Washington, D.C., are not made arbitrarily or always in favor of the mother. There are a variety of factors that go into the decision, including:

• The character, reputation and fitness of the person seeking custody
• The adaptability of the prospective custodian to the task as the primary caregiver
• The age, sex and health of the child
• The physical, spiritual and moral well-being of the child
• The environment and influences the child will be exposed to
• Any evidence of previous abandonment or abuse

This is only a partial list of the criteria the courts will use when deciding on custody disputes. It is the responsibility of the family law attorney to develop the strongest case possible on behalf of the client, but ALWAYS with the child’s best interests in mind. As experienced divorce and custody lawyers, we work with our clients and guide them through the process, then work aggressively to fight for the right decision by the court.

When Should I Look For A Custody Lawyer?

Working with an attorney who is familiar with Maryland custody laws is crucial when navigating complex custody issues. Whether parents are unmarried or going through a divorce, the initial child custody determination process is often complicated and incredibly stressful. We understand how worried you must be about the outcome of your custody case and how it will impact your relationship with your child or children. When you work with our lawyers, we will help build a strong strategy for achieving the type of custody you want.

The most common types of child custody include:

• Legal custody: This refers to legally having the rights and responsibility to make serious decisions about a child’s life, such as their education, health care and religion.
• Physical custody: This refers to which parent or parents are responsible for providing a place for their child to live. One parent may receive primary physical custody, while the other will be able to see their child through an agreed-upon visitation schedule.
• Joint custody: Joint custody may be awarded to both parents for legal and physical custody, meaning parents will both be able to make legal decisions for their child and share physical custody per an agreed-upon time-sharing schedule.
• Sole custody: In some situations, only one parent may be awarded custody, particularly in situations where the other parent is deemed unfit due to substance abuse, violence or other factors.

You don’t have to go through the custody process alone. We know how overwhelming and emotional this situation can be and we’re here to support you every step of the way. If you’re unsure of what type of custody to get or you have questions about the process, don’t hesitate to reach out to our skilled and knowledgeable custody lawyers. We have years of experience in handling these types of cases and will ensure you understand how the process works.

We will prepare a solid case to advocate on your behalf and fight for the custody arrangement that’s best for you and your child. Our goal is to strategize and create a custody plan that will align with your life while also prioritizing the best interests of your child or children.

Questions About Child Custody? Contact Us.

If you have a concern about child custody in your divorce or are in a dispute about custody and parenting rights in a nonmarital relationship, get informed about your rights.

Talk to an attorney at Hecht & Associates in Rockville, Maryland. Call us at 301-861-4797 or contact us by email to request an opportunity to consult with one of our lawyers.