When a couple divorces and there is a minor child involved, the divorce decree will specify who has physical custody as well as legal custody of the child. Physical custody determines where and with whom the child will live. Legal custody specifies who has the legal right to make important decisions about the child related to issues such as education, religion, medical issues, and discipline. Spouses often reach an agreement regarding child custody on their own, but if they do not, Maryland courts will intervene and establish custody arrangements based on the best interests of the child. For a summary of divorce and custody laws in Maryland, go to lawyers.com.

There are typically several different custody arrangements that may be made for children of divorced parents. In most cases, courts will award physical custody to one parent with whom the child will live most of the time. The parent with physical custody, or the custodial parent, often shares legal custody, or the right to make decisions regarding the child, with the non-custodial parent. Many child custody arrangements involve joint custody in which the child spends a relatively equal amount of time with each parent.

In Maryland, sole or joint custody is awarded based on the best interests of the child. If physical custody is awarded to one parent, visitation rights will typically be granted to the other parent. Maryland law does not favor either the mother or the father, but instead looks at the relationship that each parent has with the child. While grandparents and others may seek custody, the court is more likely to favor the natural parents.

Although there are no standard criteria under Maryland law that is considered regarding who gets custody, various factors are applied, including the following:

• Fitness of the parents
• Character and reputation of the parents
• Desire of the natural parents and any agreements made between them
• Potential for maintaining natural family relations
• Preference of the child when the child is of a sufficient age and capacity to form a rational judgment
• Material opportunities affecting the future life of the child
• Age, health, and sex of the child
• Residences of the parents and opportunity for visitation
• Length of separation of the parents
• Whether there was a prior voluntary abandonment or surrender of custody of the child

Maryland courts attempt to allow the child to live in the environment and community that is familiar to the child. The courts will generally allow the use and possession of the family home by the person with custody of the child. After the custody order is signed by the judge and filed with the court clerk in Maryland, both parents must comply with the order.

If one parent wants to have the custody order changed, that parent must show that there has been a substantial change in circumstances and that it is in the child's best interest to make the proposed change. A child who is at least 16 years old may also seek a change in custody, but he or she is required to show that the change is in his or her best interest. For a comprehensive review of child custody laws in Maryland, go to divorcesupport.com.