For all matters pertaining to family law , including grandparents’ rights, it’s highly advisable to seek the counsel of an experienced family attorney near Owings Mills. Family law is particularly complex with respect to grandparents’ visitation rights and the outcome of the case depends on the specific circumstances. In Maryland, a family lawyer may file a petition on behalf of a grandparent to seek visitation rights with a child. The court is allowed to grant visitation rights to grandparents provided the visitation is considered reasonable and it is in the best interests of the child.

However, as your family law attorney can advise you, legal precedent has determined that the court will most likely not order visitation unless certain elements are present. In other words, the court is unlikely to order visitation with a grandparent despite objections from the custodial parent. It may only do so if the grandparent can bring evidence demonstrating that the custodial parent is an unfit parent, that the custodial parent has denied visitation with the grandparent altogether, and that this denial of visitation is demonstrably harmful to the child.

Child custody laws vary from state to state. However, there are several basic types of child custody arrangements. When you meet with your family law attorney, you can discuss your goals for child custody. Your lawyer will advise you that the judge will consider many factors when establishing child custody; however, the overriding factor is which arrangement would be in the child’s best interests.

Physical Custody
Your child custody order will provide for both physical and legal custody. Physical custody refers to at which residence the child will reside. Usually, family court judges try to balance the time the child spends with each parent. The parent who does not have primary physical custody will likely have visitation rights. A child custody lawyer serving the Baltimore Area can negotiate with the counsel for the custodial parent to arrange a fair visitation agreement.

Legal Custody
Whichever parent the child is currently with has the primary responsibility to make everyday decisions for that child. However, the parent with legal custody of the child has the responsibility of making the major decisions regarding the child’s upbringing. These decisions involve matters such as healthcare, education, and religion. As explained below, legal custody can be held solely by one party, or jointly between them.

Sole Custody
The judge can decide to award one of the parents sole legal and physical custody. If this occurs, the other parent may have visitation rights. Sometimes, such as in cases of domestic violence, the other parent will not be allowed any access to the child.

Joint Custody
Your family law attorney may recommend asking the judge for joint or shared custody. Parents may share joint legal or shared physical custody, or both. With shared physical custody, the child is considered to have two residences. He or she will spend at least 35 percent of the time with each parent. With joint legal custody, the parents work together to agree upon major decisions for the child’s upbringing. Alternatively, each parent may have authority over specific areas. For example, one parent may make decisions with regard to healthcare, while the other is responsible for the child’s education. Sometimes, one parent is granted “tiebreaking” authority in the event a disagreement arises. Joint physical and legal custody both require that the parents set aside personal differences and work cooperatively for the well-being of the child.

Determining child custody is often the most difficult part of a divorce proceeding or separation. Your best source of information is a child custody lawyer . A child custody lawyer serving Owings Mills can offer legal guidance regarding mediation, court proceedings, and the types of child custody arrangements available. When you go to your legal consultation, be sure to bring a list of any questions you may have about child custody laws.

What is Temporary Custody?
Divorce lawyers are often asked what will happen to the kids once a petition for divorce is filed, but before custody has been determined. Maryland law allows for temporary custody of children while litigation is pending (as well as some other temporary issues, like support, attorney’s fees, and use and possession of the marital home. When your child custody lawyer files the petition for divorce or custody, he or she will also file a request for a hearing for temporary custody. The judge will award temporary custody to one of the parents, based on the best interests of the child. Having temporary custody does not mean that you have a better or worse chance of being granted actual custody.

Do the Courts Always Favor the Mother?
It’s a common misconception that the mother is automatically given preferential treatment in family court. Maryland law does not give preference to either parent, but rather it views both parents as the natural custodians of the child. The best interests of the child are the determining factors in awarding child custody. However, one of the factors the judge may consider is which parent primarily carries out caregiving duties for the child.

Can the Child Express a Preference?
Under Maryland law, the judge can interview the child away from both parents’ presence to question him or her about preference. This depends on the age and maturity level of the child, and whether the child is capable of differentiating truth from fiction.

What Happens if the Custody Order is Violated?
It’s fairly common for one parent to fail to return the child to his or her primary residence past the scheduled time. This is one way in which the custody order may be violated. When this occurs, the lawful custodian must first demand that the other parent return the child. If the child is not returned, the lawful guardian can work with a child custody lawyer to involve the authorities and have the order enforced.

Child custody issues are rarely simple. However, when each parent lives in a different state, a child custody case in Owings Mills becomes even more complicated. If this applies to your case, you’ll need an experienced child custody lawyer on your side. Your child custody lawyer can help you understand the Uniform Child Custody Jurisdiction and Enforcement Act, which all states have adopted.

You can hear more about this important law by watching this video. The law establishes guidelines for determining which state’s court will hear a child custody case. However, each state still has its own guidelines regarding child custody and visitation decisions. The expert in this video discusses some factors that the court may consider when deciding which state will have jurisdiction.