• Home
• Free Legal Information
• Builders & Realtors
• About Us
• Areas of Practice
• Community Service
• Contact Us
• Blog

Types of Child Custody

November 2010

This free email newsletter provides free legal information you can use in your own life. It is written by the attorneys at Andrews, Bongar, Starkey & Clagett, a full service law firm. Visit our website, SouthernMarylandLaw.com, for free legal information on topics like bankruptcy, personal injury, workers’ compensation, family law, criminal law, and a lot more. If you need an attorney, feel free to contact us. Call us anytime toll free from anywhere in Maryland, at 1-888-SMD-LAW1 (763-5291).

Disclaimer: This is general information about Maryland law. It is not legal advice, and there is no attorney-client relationship until you meet with an attorney and sign a retainer. Effective legal advice depends on understanding the unique facts of your situation. If you have a legal question, get advice from a lawyer before proceeding. That is the best advice we can ever give you.

Parents of minor children who divorce soon find out that there are two types of custody – physical custody and legal custody. Physical custody describes who the child actually resides with. Legal custody refers to your rights as a parent to make major decisions concerning your child.

Not many couples share physical custody of their child. There is usually one primary physical custodian and the other parent gets visitation. However, many divorced couples share legal custody of their children. That means the non-custodial parent gets a say in major decisions such as education, health, and life opportunities. They should be consulted, and their opinion has weight and can be enforced by the Courts if necessary.

The number one factor that determines whether or not a couple get joint legal custody is their ability to communicate with each other and maintain a reasonably civil relationship. This is a strong reason to be sure and maintain a civil relationship with your ex-spouse.

If the two parties simply cannot work things out among themselves, the Court will make one the sole legal custodian of the child. In that situation, the non-custodial parent loses the right to have a legal impact in the child’s life. These days Courts prefer joint legal custody of the child, and will expect you to work together for your children and their future.

Anyone going through a divorce should try to remain civil and reasonable. Small fights now can have huge consequences later. Remember, no matter how much you may wish to avoid your ex, you will see them again and have to deal with them if you have children in common. You will be together one day at a graduation, and at a wedding, at other events along the way. How things go now will have a very big impact on how you interact later. And you will interact later, like it or not.

We always advise our clients to try and maintain a civil relationship with your spouse at this very emotional time. Some other attorneys seem to make the situation worse. Unnecessary fighting or court filings only serve to anger your spouse (and sometimes the court) and increase your legal fees. We do not engage in unnecessary litigation, because it affects you negatively in the long run.

Of course, it always takes two to tango. If your spouse will not be reasonable, then you have to fight for your rights. We can and will do that. But you should always try to stay civil yourself. You always want to be reasonable, and you want the court to know you are the reasonable one in the case. That will help you enormously when the Court makes its final decision.

You are receiving this newsletter because you signed up for it, or you are a client of our firm. We do not spam. If you wish to unsubscribe, please follow the directions below. This content is written by Tucker Clagett, a Partner at Andrews, Bongar, Starkey & Clagett, a full service law firm with offices in Waldorf & Lexington Park. If you have questions or comments or topic suggestions, please feel free to email me directly. Thank you for reading.

Request Information through our automated email form, but read the rules on this page first.

Sign up for our free newsletter

More legal info & tips to keep you safe.
For examples of past issues, click here.