Potomac Child Custody Lawyer

Trusted child custody attorneys with decades of experience.

Few legal proceedings affect a family as directly as a custody case. The determination controls where the child lives during the school week, which parent makes decisions about healthcare and education, how holidays and summers are allocated, and whether either parent may relocate. Maryland courts resolve these issues by applying a best interest standard that weighs each parent’s fitness, the stability of each home, and the child’s attachments, routines, and individual needs.

Our Potomac, MD child custody lawyer has handled contested custody cases throughout Montgomery County for decades. Contact Fait & DiLima Family Law to schedule a consultation.

Child Custody Lawyer Potomac, MD

Maryland recognizes two distinct forms of custody. Legal custody is the right to make major decisions about the child’s life, including healthcare, education, and religion. Physical custody governs where the child resides and how time is allocated between households. The court may award sole or joint custody of either type, in any combination, based on what the evidence supports.

A child custody attorney in Potomac develops a case strategy around the facts of your family, not around assumptions about what judges prefer. Under Maryland Family Law §5-203, neither parent enters the proceeding with a legal advantage. The statute is explicit: no presumption exists in favor of either mother or father. The court evaluates the evidence and decides.

Types of Child Custody Cases We Handle in Potomac

Fait & DiLima Family Law represents parents in custody matters across the full spectrum of complexity and conflict. Some cases involve parents who agree on most issues but cannot resolve one specific point of contention. Others involve deeply entrenched disagreements about every aspect of the child’s upbringing. We prepare each case with the same rigor, because even cases that appear likely to settle must be built on evidence strong enough to win at trial.

• Contested initial custody. When parents separate and cannot agree on a custody arrangement, the court decides. These cases are evidence-driven. School records, medical appointment histories, daycare pickup logs, extracurricular involvement, and testimony from teachers or pediatricians all contribute to the picture the judge sees. We gather and organize this evidence early, because the parent who demonstrates consistent, daily involvement with the child holds a distinct advantage.
• Joint custody disputes. Joint legal custody is common in Montgomery County. Joint physical custody is less common but not unusual. Both arrangements fail when communication between the parents deteriorates. A parent who refuses to consult the other on medical decisions, or who unilaterally changes the child’s school without agreement, creates a situation the court must resolve. We handle cases where joint custody has broken down, and a modified arrangement is necessary.
• Custody modifications. A custody order entered three years ago may no longer reflect the child’s current needs or either parent’s current circumstances. Maryland permits modification upon a showing of material change in circumstances. A parent’s relocation. A child’s emerging special needs. A deterioration in one parent’s stability due to substance abuse or a new domestic situation. We file modification petitions and defend against them.
• High-conflict custody. Some custody cases are defined not by the issues but by the behavior of one or both parents. Parental alienation campaigns. False allegations designed to gain tactical advantage. High conflict cases require meticulous evidence collection, strategic witness selection, and an attorney who can present a pattern of conduct without appearing retaliatory.
• Relocation disputes. A parent in Potomac who accepts a job in another state, or who wants to move closer to extended family, may face opposition from the other parent. Maryland courts apply the best interest standard to relocation cases, weighing the reason for the move, the proposed custody arrangement in the new location, and the impact on the child’s relationship with the non-relocating parent. These cases are among the most difficult in custody law.
• Visitation and parenting schedules. Not every custody dispute involves a fight over where the child lives. Many center on the details of the parenting schedule itself. Weeknight overnights that interfere with homework. Summer arrangements that leave one parent with no meaningful time during July. A parent who consistently cancels or arrives late. We draft, negotiate, and litigate parenting plans that function in the real world.
• Third-party custody. Grandparents, stepparents, and other non-parents occasionally seek custody or visitation rights. Maryland imposes a high standard on these claims, particularly when one or both biological parents oppose the request. The legal analysis differs substantially from disputes between parents, and the evidentiary burden is heavier.

Why Choose Fait & DiLima Family Law for Child Custody in Potomac, MD?

Concentrated Practice in Custody and High-Conflict Cases

Marjorie G. DiLima, Managing Partner of Fait & DiLima Family Law, has built a concentrated practice around custody cases involving substance abuse, narcissistic behavior, and high-conflict personalities. That concentration determines how we prepare our clients for their own testimony, how we cross-examine the opposing parent, and how we present evidence of behavioral patterns to a judge who needs to see the full picture without feeling manipulated.

In certain cases, Marjorie serves as a Best Interest Attorney for the children involved. That role provides direct, firsthand knowledge of how Montgomery County judges evaluate parental fitness and apply best interest factors. When Marjorie represents a parent, that perspective informs every strategic decision in the case.

She is certified in mediation and collaborative law. When both parents are willing to negotiate constructively, those processes can produce custody arrangements that work better than court-imposed orders. When they cannot, we are prepared for trial.

Credentials and Recognition

Marjorie earned a J.D. and M.B.A. with honors in 1994, then completed a Masters in Taxation at Georgetown University Law. She holds a lifetime position in the American Inns of Court. Super Lawyers has recognized her for 10 consecutive years. Best Lawyers named her in 2023 and 2024. U.S. News & World Report included the firm among its “Best Law Firms” in 2021, 2023, and 2024.

Marjorie received the Bethesda Magazine Top Attorney designation for 2025. She has earned multiple recognitions from the Maryland Bar for her commitment to legal service delivery and teaches integrity and professionalism to paralegal students at Montgomery College. The firm has a strong record of favorable outcomes in contested custody, spousal support, and divorce cases across Montgomery County.

Child Custody Case Overview

Types of Custody and Best Interest Factors in Maryland

• Legal custody: Decision-making authority over education, healthcare, religious training, and general welfare. May be sole or joint.
• Physical custody: Where the child lives and how parenting time is structured. Joint physical custody means both parents have significant, regular contact. It does not necessarily mean equal overnights.
• Best interest factors: The codified list includes the fitness and character of each parent, the stability and suitability of each home, the child’s preference (where maturity permits), each parent’s willingness to share custody and encourage the child’s relationship with the other parent, geographic proximity of the homes, and the impact of any history of abuse.
• No presumption: §5-203 states that neither parent has a right to custody superior to the other.
• Modification: An existing order may be changed upon a showing that a material change of circumstances has occurred since the order was entered and that modification would serve the child’s best interests.

Important Aspects in Your Child Custody Case

The difference between winning and losing a custody case in Montgomery County usually comes down to evidence. Whoever can demonstrate, with verifiable documentation, that they are the parent better positioned to serve the child’s daily needs.

Build your record before you file. The preparation you do in the months leading up to a custody case often matters more than what happens in the courtroom. Keep a log of your time with the child. Save every text message and email exchange with the other parent. Obtain copies of school records that show your involvement. Maintain a list of the child’s medical appointments and who attended them.

• Courts give significant weight to the child’s existing routine. If you are the parent who has been providing day-to-day stability, the evidence should reflect that.
• A parent’s willingness to support the child’s relationship with the other parent is one of the most scrutinized factors. Judges in Montgomery County respond very negatively to parental alienation behavior.
• Domestic violence and substance abuse directly affect custody outcomes. The court considers both documented incidents and credible allegations supported by evidence.
• Maryland does not designate a specific age at which a child’s preference controls. The court assesses whether the child has the maturity and reasoning capacity to express a genuine, informed opinion. A teenager who articulates thoughtful reasons for a preference is treated differently from a young child who repeats what one parent told them to say.
• Custody evaluations ordered by the court carry substantial weight. Knowing how to present yourself during an evaluation, and how to prepare your child for the process without coaching them is something your attorney should address well before the evaluator’s first visit.

Child Custody Case Timeline

The timeline for a custody case in Montgomery County depends on whether the case settles, whether the court orders evaluations, and how many contested issues remain at the time of trial.

• Filing: A Complaint for Custody is filed with the Circuit Court for Montgomery County. The filing fee is $165. The other parent has 30 days to respond after service if they reside in Maryland.
• Scheduling conference: A judge or magistrate holds an initial conference to set deadlines, discuss court programs, and identify immediate issues. The court may order parenting classes or refer the case to mediation.
• Mediation: Montgomery County courts routinely order mediation in contested custody cases. Two sessions with a court-approved mediator are standard, unless domestic violence has been alleged.
• Custody evaluation: In highly contested cases, the court may appoint a custody evaluator. The evaluator interviews both parents, the children, and collateral contacts, then submits a written report with recommendations. This process typically takes two to four months.
• Pre-trial conference: The court identifies remaining contested issues and encourages settlement. A significant number of cases resolve at or shortly after this stage.
• Trial: Contested custody trials are heard by a judge or magistrate. Both sides present testimony, documentary evidence, and legal arguments. Trials may last one day or several, depending on the number of witnesses and complexity of the case.

What to Bring to Your Child Custody Consultation

Bring whatever documentation you have about your relationship with your child and any concerns about the other parent. The first meeting is about assessing your situation, not presenting a complete file.

• Any existing custody orders, separation agreements, or parenting plans
• Records showing your daily involvement in the child’s life: school communications, medical records, activity enrollment
• Text messages and emails with the other parent demonstrating cooperation, conflict, or concerning behavior
• Documentation of any safety concerns involving the other parent, including police reports, protective orders, or evidence of substance abuse
• Names of people who can speak credibly about your parenting and your relationship with the child

The purpose of the consultation is to identify the issues the court will focus on and to develop a preliminary strategy. The full evidentiary record is built after engagement.

Maryland Legal Resources for Child Custody

State agencies and courts provide information and tools for parents involved in custody proceedings in Maryland.

• The Maryland Courts website publishes filing instructions, court forms, and a four-part video series covering custody terminology, the filing process, court proceedings, and contested trials.
• The Maryland Parenting Plans page provides instructions and a downloadable tool for creating a parenting plan. Courts require submission of a parenting plan in every case involving custody of a minor child.
• The Maryland General Assembly publishes the Family Law Article, including §5-203 and the newly codified best interest factors enacted through SB 548.

Reach Out to Fait & DiLima Family Law to Schedule a Consultation

If you are facing a child custody dispute in Potomac, MD, Fait & DiLima Family Law is prepared to fight for a custody arrangement that protects your children and preserves your role in their lives. We represent parents across Montgomery County in initial custody proceedings, modifications, relocation disputes, and high-conflict cases. Contact our office to schedule a consultation.