Child Custody and Visitation Attorney in Rockville, MD

When it comes to your child custody and visitation rights, Fait & DiLima, LLP can help you find a solution that is fair to all parties.

What is Legal Custody?

Embraced within the meaning of “custody” are the concepts of “legal” and “physical” custody. Legal custody carries with it the right and obligation to make long-range decisions involving education, religious training, medical care, and other matters of major significance concerning a child’s life and welfare.

• Joint legal custody means that both parents have an equal voice in making legal custody decisions and must agree before taking any action. If parties can’t agree, a tie breaker can be appointed.
• Physical custody means the right and obligation to provide a home for the child and to make the day-to-day decisions required during the time the child is actually with the parent having such custody.
• Joint physical custody is in reality a shared or divided custody. It may but need not be on a 50/50 basis. It may involve custody by one parent during the school year and by the other during summer vacation months, or division between weekdays and weekends, or days and nights. Note: this is NOT the definition of “shared custody” used in computing child support.

What Are the Issues?

Other issues in a divorce or separation can go smoothly (or not) but parents will understandably be very protective when it comes to the children. Both parties have in mind a role and an arrangement that would work for them, and these ideas can easily conflict and be extremely sensitive.

Child custody and visitation issues can be very emotional, because they involve two parties who are deeply connected to their children’s lives. Commonly they both want to have the most time with the children, along with the ability to make decisions for and about the children. It can be nerve wracking, since the outcome will largely determine the future relationship you have with your children.

It is important to be as prepared as you can for the court’s consideration of custody issues. Your attorney will be key in helping you anticipate what can be thrown at you by the opposition and how you can show you are the more capable parent.

The judge will consider what is the best situation for the children to be able to flourish. That said, the first thing the judge will look at is each parent’s capability to meet the children’s many needs. The character of each parent is a large factor.

Other considerations are

• The mental and physical well-being and fitness of each parent
• Each parent’s ability to provide opportunities to the child
• How the parents can communicate with each other
• The length of time the child has been separated from one parent
• Potential disruption of the child’s social and school life.
• Any agreement between the parties
• Prior voluntary abandonment or surrender
• Age, health and sex of the child
• Preference of the child

Child Representation

In the event a child needs to be legally represented, there is a “Best Interests Attorney” who can be appointed to represent the child or children in a custody case. There is also a “Child Privilege Attorney” who is similar to a best interests attorney except their scope is limited to either asserting or waiving the child’s therapeutic privilege in a custody case. As such, either of these professionals will have significant input into decisions on custody issues.

Child Custody Enforcement and Modifications

If your custody agreement is not being followed, or it is no longer relevant, you may be eligible to ask for modifications. Things can change, and a modification is needed when in the view of at least one parent, the best interest of the child is no longer being served.

The laws pertaining to modification of child custody agreements in Maryland are demanding. You will need to provide sufficient evidence that there is a material change in circumstances and it is in fact now affecting the child’s best interest. That can be difficult to do and there are many hurdles that must be navigated to ascertain the likelihood of success.

Legal Assistance

Our experienced legal team is committed to helping you in this troubling time of your life to preserve the special relationship between a parent and child.

We recognize that each case is unique. Relationships and family dynamics are special because only those involved genuinely know them. We are here to be caring and understanding to be able to give the right advice for your situation.

If you need legal assistance with your child custody and visitation case, call Fait and DiLima, LLP today.

Resources

Common Custody and Visitation Questions Answered