Custody and Visitation
Determining the best custody solution for you and your children.
Maryland courts consider a child’s best interest paramount in a custody determination. Regardless of whether you and the other parent agree or disagree on custody, it is essential to have a skilled attorney help you navigate the process and ensure the well-being of your child.
How Is Child Custody Determined?
There are two types of custody in Maryland—physical and legal custody.
Physical custody is the time each parent spends with their child. In Maryland, the terms “physical custody,” “access,” “visitation,” and “parenting time” are often used interchangeably. Physical custody can be jointly shared or awarded primarily to one parent.
Legal custody is how the parents will make important decisions for the child. These include decisions related to the child’s education, religious training, discipline, medical care, and other matters of major significance impacting the child’s welfare and well-being. Legal custody can be shared by parents or awarded solely to one parent. There is also a possibility that parents can share legal custody,with one parent being the “tie-breaker” in the event of an impasse.
If parents cannot agree on what physical or legal custody arrangement is best for their child, a Judge will base their decision after considering 20 plus factors established by Maryland case law. We help clients in litigation present evidence addressing each factor.
Modification of Custody
Child custody is always modifiable based on a material, or significant, change in circumstances that impacts the child. If that material change renders the existing physical or legal custody arrangement unworkable, there may be a basis to change custody. There is a two-step burden of proof in these cases and require a skilled negotiator and litigator.
De Facto/Third-Party Custody
Cases where custody is awarded to someone other than a legal parent can be challenging, as there is a presumption that a child’s welfare is best served in the custody of a parent rather than a third party.
A de facto parent is someone that the court treats like a parent, due to the person’s relationship with the child. De facto parents have the right to seek custody and visitation.
To be considered a de facto parent, you must present very specific evidence to the Court. You are not automatically a de facto parent just because you cared for someone’s child for some time. Third-party custody applies to anyone other than a de facto parent. This can include grandparents or other family members or friends.
To get custody and visitation as a third party, you must prove that the parents are unfit or that exceptional circumstances exist to give custody to you over a legal parent. It is a very high burden to meet.
Judges presume that parents will act in a child’s best interest when deciding who gets to associate with their child.
What We Do
We handle all types of child custody cases, including:
- High-conflict
- Special needs
- Children who resist and refuse to see a parent
- Relocation
- Third-party
- Modification
Why Choose Our Team?
At Wasserman White Family Law, we represent clients in all types of custody matters including establishment and modification of custody.
- Expertise and Experience: Our team brings expertise and deep experience in child custody, ensuring you receive knowledgeable guidance and effective representation.
- Personalized Approach: We prioritize understanding your unique needs and circumstances, tailoring our strategies to achieve the best possible outcomes for your case.
- Proven Track Record: With a history of successful cases and satisfied clients, we have demonstrated our ability to deliver results.
- Client-Centered Service: We are committed to providing attentive and responsive service, keeping you informed and involved throughout the legal process.
- Comprehensive Support: Beyond legal representation, we offer comprehensive support, including strategic planning, negotiation skills, and post-case support, to ensure all aspects of your case are managed effectively.
Expertise and Experience
Our team brings expertise and deep expertise in child custody and knowledge, ensuring you receive knowledgeable guidance and effective representation.
Personalized Approach
We prioritize understanding your unique needs and circumstances, tailoring our strategies to achieve the best possible outcomes for your case.
Client-Centered Service
We are committed to providing attentive and responsive service, keeping you informed and involved throughout the legal process.
Proven Track Record
With a history of successful cases and satisfied clients, we have demonstrated our ability to deliver results.
Comprehensive Support
Beyond legal representation, we offer comprehensive support, including strategic planning, negotiation skills and post-case support, to ensure all aspects of your case are managed effectively.
What we do:
We handle all types of child custody cases, including:
- High-conflict
- Special needs
- Children who resist and refuse to see a parent
- Relocation
- Third-party
- Modification
Work with Our Team of Experienced Attorneys
As child custody lawyers in Towson and Baltimore, Maryland, Wasserman White Family Law understands the law and works to present the best case for our clients.
