Understanding Legal vs. Physical Custody in Maryland: What Parents Need to Know

When parents in Maryland separate or divorce, one of the main decisions they face is regarding child custody. For any parent going through this process, it is important to understand the difference between legal and physical custody and how these decisions are determined under Maryland law. While custody disputes can be emotionally challenging, having clear information can help parents focus on what matters most: the best interests of their child.

What Is Legal Custody in Maryland?

Legal custody refers to a parent’s right to make major decisions about a child’s life. This includes decisions regarding education, medical care, religion, and overall well-being. In Maryland, legal custody can be awarded in one of two ways:

• Sole legal custody: One parent has the exclusive right to make significant decisions regarding the child’s care and welfare.
• Joint legal custody: The parents share the responsibility of making decisions. This demands clear communication and teamwork between them, even if the child mainly lives with one parent.

In joint legal custody arrangements, courts typically expect parents to consult with each other and make major decisions together. However, this type of custody does not necessarily mean the child spends equal time with both parents. That distinction falls under physical custody.

What Is Physical Custody in Maryland?

Physical custody refers to the child’s residence and which parent is primarily responsible for the child’s daily care.  Like legal custody, physical custody can take many different forms.

• Sole physical custody: The child lives primarily with one parent, while the other parent typically has access rights or scheduled parenting time.
• Shared or joint physical custody: The child spends a substantial amount of time living with both parents. This does not necessarily mean an equal split, but it does reflect a more balanced sharing of time and responsibilities.

When determining physical custody, Maryland courts consider several factors, such as the child’s age, the parents’ living situations, and the strength of the child’s relationship with each parent. Above all, the court’s primary focus is on what serves the best interests of the child.

How Courts Decide Custody in Maryland

Maryland courts do not default to favoring one parent over the other. Instead, they consider various factors to decide what custody arrangement best serves the child’s interests. These factors may include:

• Each parent’s ability to meet the child’s emotional and physical needs
• The child’s relationships with siblings and extended family
• The willingness of each parent to facilitate a relationship with the other parent
• History of domestic violence, abuse, or neglect
• The preferences of the child (depending on the child’s age and maturity)

Courts encourage parents to work together on parenting plans and come to agreements outside of court whenever possible. However, when parents cannot agree, a judge will decide both legal and physical custody based on the facts of the case.

Modifying Custody Orders

Custody arrangements are not necessarily permanent. If there is a substantial change in circumstances, including a parent relocating, changes in a child’s needs, or safety concerns, a parent may petition the court to modify an existing custody order. As with the original order, the court will review any request for modification under the best interest of the child standard.

Contact Rice Law Today To Learn More About Your Rights

Child custody decisions can be emotionally and legally complex. Whether you’re working to establish a custody arrangement, modify an existing order, or better understand your parental rights, having the right legal support matters. At Rice Law, we’re committed to helping Maryland parents protect their relationships with their children while finding custody solutions that promote stability and well-being. 
Contact us today to schedule a consultation and take the next step with confidence.