In many Maryland divorce cases that involve children, one parent typically has sole custody with the other parent receiving visitation rights. However, in some instances, both parents want to share custody of the children. While the courts typically look at the best interests of the child when deciding on child custody cases, communication is also a key factor when it comes to joint custody. Both parents must be able to amicably make decisions that affect the care and upbringing of their children. Read on to learn more about the other factors used to decide if joint custody is a viable option.
Posts tagged "best interests of the child"
Unfortunately, when some Maryland couples divorce, they involve the children way too much. They may try to get the kids to side with one parent by bashing the other parent. They may want to be the custodial parent so bad that they say hurtful things about the other parent, damaging the child's relationship with both parents in the process. The truth is that children need to be kept out of child custody issues during a divorce, and there are several reasons why.
In the past, Maryland couples often waited until marriage to start their families. Today, however, with the divorce rate hovering around 50 percent, many couples are delaying marriage or even foregoing it altogether. Nonetheless, many of these couples are having children out of wedlock, which can lead to child custody disputes, should the relationship end. Although the mothers primarily received custody in the past, a growing number of fathers are actively seeking custody and want to understand their legal rights.
A Maryland divorce is often filled with emotion and drama, especially if children are involved. Both spouses fight over child custody and argue over who is the better parent. The parents focus on what they want rather than tend to the best interests of the child. Unlike other assets, it's difficult to split a child, which is why it is important to have a family law attorney who understands your situation and helps you work with your spouse toward a fair outcome.
With so many military bases in Maryland, it's not uncommon for many divorces in the state to involve a spouse in the armed forces. A military divorce is a battle that most servicemen and women are not prepared for, especially when it comes to child custody. If there are children involved in a military divorce, judges tend to be unsympathetic and instead lean toward the parent who is not deployed and away from the children for months at a time.
Maryland is one of 19 states that has legalized gay marriage. This number continues to grow, but since most states don't recognize same-sex marriage, there are no clear-cut laws when it comes to granting child custody when such a couple splits up. A lot of progress still needs to be made in regards to gay and lesbian rights, and unfortunately this affects the children involved in these disputes. For instance, a recent report noted that a lesbian couple is involved in a child custody dispute after splitting up.
When the divorce process if finally over, many people are just glad that they can move on with the agreements or judgments reached in the case, particularly those involving child custody. Every issue that comes up in divorce has the potential to get complicated if contested, but perhaps none so much as determining child custody. But, one way or another, a final child custody arrangement will be reached, either through agreement of the parties outside of court or through the decision of a judge.
Nothing can make individuals going through a divorce more cantankerous than a child custody dispute. Whether the problem is agreeing to a parenting plan or fighting over visitation rights, some parents will fight for their children to the bitter end, sometimes without thinking of the affect such a battle could have on their children.
Is change a good thing or a bad thing? It probably depends on who you ask, but it looks like several members of the Maryland legal community will be gathering with key decision makers to determine what types of changes may need to be considered in order to improve the approach to child custody in our state.