MARYLAND CHILD CUSTODY AND CHILD SUPPORT: A Primer by Shavina K. Mukesh, Esquire

From the national general practice law firm of Charles Jerome Ware, P.A.: "Still working. Still committed. Still here to make a difference."

Child Custody

Having custody of a child can mean having legal custody or physical custody or both. Either or both of these types of custody can be shared under a custody agreement. If legal custody is shared, one parent is usually granted the breaking authority, for situations where parents cannot jointly reach a decision.

Legal custody is the right of a parent to make major decisions regarding the minor child, as contrasted to everyday decisions. These decisions can vary from religion, health and education.

Physical custody is the right to have the child reside with the parent for day-to-day care and control of the child.

Maryland Courts take into account the best interest of the child when determining which parent to award custody to. There is no standard definition of "best interest' of the child. However, the term generally refers to factors judges undertake when deciding what will be in the best interest of the child.

Some of the factors are:

• The age, health and sex of the child;
• Character and reputation of the parties;
• Potential disruption of child's social and school life;
• Work schedule of parties; and
• Capacity of the parties to provide a safe home and opportunities for visitation.

There is no specific weight or priority assigned to these factors. Unlike determining child support, there is no set formula. Judges will consider the facts of each particular case.

Child Support

When parents are separated the child(ren) is entitled to receive the same financial support as before. Afterall, the child should not be penalized because the parents have separated.

A parent must petition for a court to establish child support in favor of the minor child. Child Support is calculated from the date of filing the petition.

Maryland Family courts consider the gross monthly income of both parents, cost of child care, existing alimony and child support obligations. Maryland legislature have established a formula that takes the above factors into account to assess the child's financial, educational and other needs.

Courts will only order a change to an existing order if the party can establish a legally sufficient 'material' and 'substantial' 'change of circumstances'; for example, change in custody arrangement or parental income changes. Judges cannot enforce/change voluntary child support payments.

[see, http://www.childwelfare.gov/systemwide/laws-policies/statutes/best_interest.cfm; Maryland Family Law: by John F. Fader, II and Richard J. Gilbert; Fam. Law Code Ann. §5-203]