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May 21, 2025

How Courts Handle Joint Custody Disputes


Posted in Firm News

Joint custody can give both parents the chance to stay involved in a child’s life after separation or divorce. While the goal is to support shared parenting, it doesn’t always go smoothly. Disagreements over schedules, decisions, or communication often lead to court involvement. When that happens, the court steps in to decide how to move forward in a way that supports the child’s well-being.

What Is Joint Custody

In Maryland, joint custody can refer to legal custody, physical custody, or both. Legal custody involves decision-making power—things like education, healthcare, and religion. Physical custody refers to where the child lives and how time is shared. Parents may share one or both types of custody. When a dispute comes up, the court looks at whether the current arrangement is working and if changes are needed.

Evaluating Custody

One of the first things a court will evaluate is whether joint custody is still in the child’s best interest. Maryland law does not automatically favor one parent over the other. Instead, judges focus on what supports the child’s stability and development. This includes the ability of the parents to communicate, cooperate, and make joint decisions. If that communication is breaking down, the court may adjust how decisions are made or who gets final say in certain areas.

Another factor is how well the current physical custody schedule is meeting the child’s needs. Courts may look at how close the parents live to each other, how transitions between households are going, and whether the child is thriving. If constant conflict is making things harder for the child, the judge may consider modifying the arrangement to reduce stress.

Third-Party Appointees

In some cases, the court may appoint a third party—such as a custody evaluator or guardian ad litem—to gather more information. These individuals may speak with the parents, review documents, observe the child, and make recommendations to the judge. This helps the court make informed decisions when the parents’ accounts differ.

Parents often ask how much weight the child’s preferences carry. In Maryland, judges may consider the child’s opinion depending on their age and maturity, but it’s not the only factor. The final decision is always based on what serves the child’s overall well-being, not just what they say they want.

We’ve seen how court involvement can help settle difficult joint custody issues. That said, it’s usually better for everyone—especially the child—if parents can reach a resolution outside the courtroom. Mediation or legal guidance can help parents avoid long-term court battles and create a more workable plan.

Help From Our Firm

If you’re dealing with a joint custody conflict, it’s important to understand your rights and how the court is likely to respond. A Frederick child custody lawyer can provide support and help you prepare a clear, focused case. Attorneys like those at Fait & DiLima, LLP work closely with parents to protect their relationships with their children and help resolve disputes effectively.

If you’re facing a custody disagreement, now is the time to take action. Contact us to talk through your situation and learn how we can help you move forward with confidence and clarity.

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