Thursday, May 14, 2009

Custody Rights in a Divorce in Maryland

I receive many calls each day from parents asking what rights they have to the care and custody of their children. In a divorce in Maryland each parent has an equal right to the care and custody of their child until a court orders otherwise. See Maryland Family Law Statute 5-203

The parents are the joint natural guardians of their minor child.
(2) A parent is the sole natural guardian of the minor child if the other parent:
(i) dies;
(ii) abandons the family; or
(iii) is incapable of acting as a parent.
(1) are jointly and severally responsible for the child's support, care, nurture, welfare, and education; and
(2) have the same powers and duties in relation to the child. (d)(1) If the parents live apart, a court may award custody of a minor child to either parent or joint custody to both parents.
(2) Neither parent is presumed to have any right to custody that is superior to the right of the other parent.