Rockville MD Divorce Law Blog

One of the first things a divorcing couple with children in Maryland tend to argue about is child custody. Who will the children live with? How often will you get to see them? Does joint custody mean I won't get (or have to pay) child support? Does sole custody mean the other parent doesn't get any input? Who makes all these decisions? And, lastly, what arrangement is in the best interest of the child?

That last part, the best interest of the child, is the standard that courts use in determining almost everything related to child custody. But judges don't know the unique dynamics of every marriage, or the unique relationships every parent develops with their children. When a judge has to rely on the information he receives in a courtroom from two often diametrically opposed sides, the decisions can be even tougher. That is why one of the most important things for either parent to know is, what should I be asking for?

Parenting plans can be one of the most difficult and stressful parts of a divorce, involving several complex questions: Who gets legal custody? Should visitation rights be laid out rigidly in formal documents or kept flexible? What if I move out of Bethesda to another city in Maryland, or even another state?

An important aspect to consider in formulating a parenting plan before parting ways from the parent of your child is what, exactly, happens in the event that a parent seeks relocation? The relocation issue is one that comes up often; a custodial parent may be faced with numerous legitimate reasons to move: job offers, educational opportunities, family support networks and better school systems are just a few of the more common rationales provided. Out of the estimated 35 million children in the country with parents that no longer live together, either due to divorce or other circumstances, 10 million of those children do not have regular face-to-face interaction with one of the parents.

Child custody and child support can be one of the most contested issues when it comes to cases of divorce in Maryland. Ultimately, custody will land in the best interest of the child. However, it is not only cases of divorce that can present contested child support issues.

One body-builder that donated sperm to a woman he at one point conducted a sexual relationship with but never married was sued by that same woman for child support for the twins produced from the man's sperm. Reportedly, the man was listed on the birth certificate for the children as their father when they were born in 2007. Additionally, he penned a declaration of paternity.

Presently, in Maryland and elsewhere, in determining the best interest of the child as it pertains to child custody, some military deployments can work against service members. However, a bill that would be a provision to the Service Members Civil Relief Act was recently reintroduced to the House almost two weeks ago. This bill would maintain child custody agreements for service members that get deployed.

To qualify to maintain a custody order, the military order would need to be at least 60 days and no more than 18 months. In addition, the order must not allow the accompaniment of family members.