How Does the Court Determine Who Gets Custody of the Children?

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:

1. The fitness of the parents
2. The character and reputation of the parents
3. The request of each parent and the sincerity of the request
4. Any agreement between the parents
5. The willingness of the parent so share custody
6. Each parent’s ability to maintain the child’s relationship with the other parent, and other extended family members
7. The age and number of children each parent has
8. The capacity of the parents to communicate and reach share decisions about the child
9. The ability of each parent to maintain a stable home for the child
10. The demands of parental employment and time with the child
11. The age, health, and gender of the child
12. The relationship established between the child and each parent
13. The potential impact on the child’s social and school life
14. Whether there was a prior voluntary abandonment or surrender of custody by a parent
15. The proximity of the parents’ homes to one another
16. Any other considerations relevant to the best interest of the child