Posted in Firm News
Family Law
Parental rights form the foundation of most family law matters. In Maryland, these rights include the ability to make decisions about a child’s education, health care, and upbringing, as well as the right to physical custody and visitation. Whether you’re married, separated, or never married, these rights apply to both parents unless a court has ruled otherwise.
Legal Custody And Decision-Making Authority
One major part of parental rights involves legal custody. Legal custody refers to the authority to make major decisions on behalf of a child. This can include choices related to medical care, schooling, and religious upbringing. In Maryland, courts can grant joint legal custody to both parents or sole legal custody to one parent, depending on the situation.
When joint legal custody is awarded, both parents are expected to communicate and collaborate on major issues. If one parent is given sole legal custody, they have the final say. The court typically bases this decision on what it believes will serve the child’s best interests.
Physical Custody And Access
Parental rights also involve physical custody, which refers to where the child lives and who is responsible for day-to-day care. One parent may be designated as the primary residential parent, or both parents may share time equally depending on the court’s evaluation.
Maryland law allows parents to create a parenting plan that works for their family. When parents disagree, the court steps in to determine a schedule. It’s worth noting that even if one parent has primary custody, the other parent typically retains visitation rights unless there is a reason to restrict access, such as concerns about safety or well-being.
Establishing Paternity
In cases where parents are not married, establishing paternity is a critical first step in defining parental rights. Without legal recognition of paternity, a father may not have rights related to custody or decision-making. Once paternity is legally confirmed, both parents are on equal footing in the eyes of the court.
When Parental Rights May Be Limited
In some cases, the court may place limits on parental rights. This can happen if there’s a history of abuse, neglect, or substance use. Courts always aim to protect the child and may order supervised visitation or, in rare cases, terminate parental rights entirely.
That said, these decisions are not made lightly. Maryland courts typically give parents opportunities to maintain or regain rights through compliance with court-ordered services or treatment plans. The key focus remains on the child’s safety and stability.
Modifying Custody Or Visitation
Parental rights are not fixed. Either parent can request a change to custody or visitation if circumstances change significantly. For example, if a parent moves, remarries, or experiences a shift in their ability to care for the child, a court may consider modifying the original agreement.
We recommend keeping records of any significant developments and working through the legal process rather than informal changes. Courts prefer clear, enforceable orders to avoid future conflict.
How Legal Guidance Can Help
Parental rights are central to Maryland family law, and decisions in this area have long-term effects on both parents and children. If you have questions about your rights or are involved in a dispute, the best step is to seek legal advice as early as possible.
At Fait & DiLima, LLP we help families address custody, access, and parental rights with clarity and focus. A trusted Frederick MD family lawyer can guide you through your options and work to protect your interests. Contact us today to schedule a time to talk about your case.
