The underlying legal standard for determining custody and visitation arrangements is the best interest of the children. Regardless of whether the parents are working to negotiate a settlement outside of Court, or relying upon the court ins contested litigation, the best interest standard applies to child custody issues. Maryland Courts have found that a variety of factors play a part in analyzing what custodial arrangement is in the best interests of a child. These factors include:
- The fitness of the parents
- The character and reputation of the parents
- The request of each parent and the sincerity of the request
- Any agreement between the parents
- The willingness of the parent so share custody
- Each parent’s ability to maintain the child’s relationship with the other parent, and other extended family members
- The age and number of children each parent has
- The capacity of the parents to communicate and reach share decisions about the child
- The ability of each parent to maintain a stable home for the child
- The demands of parental employment and time with the child
- The age, health, and gender of the child
- The relationship established between the child and each parent
- The potential impact on the child’s social and school life
- Whether there was a prior voluntary abandonment or surrender of custody by a parent
- The proximity of the parents’ homes to one another
- Any other considerations relevant to the best interest of the child
