Child Custody Lawyer Rockville, MD

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Child custody disputes can quickly get complicated. Let our experienced Rockville, MD child custody lawyer help you develop a plan that is in the best interests of your child or children and fits your post-separation lifestyle. We understand that you wish to shield your child from disagreements with their other parent and protect them during the separation and divorce process. However, if the parents cannot agree on a custody arrangement, then a Maryland family law judge gets involved.

We’re on your side, helping you protect your child and secure the best custody schedule for you. Whether you need to establish custody or alter an existing arrangement, the team at Fait & DiLima, LLP is here to help. Contact us today to learn more about how we can protect your interests.

What a Child Custody Attorney Does

It’s hard to view your ex as a good parent when you’re going through a divorce or contentious child custody battle. We know many parents lose focus when working out a custody agreement. It’s our job to keep a cool head and advise you of your options. Our attorneys may be able to help you find an arrangement you haven’t considered and can review your ideas to make sure that they’re compatible with Maryland custody laws.

You may be ordered to mediation to settle your divorce or child custody dispute. Mediation is guided negotiations without the strict rules of a courtroom. We’ll be by your side in these negotiations and can represent your and your child’s interests with the other parent. And, we help you stay calm and focused on what’s best for your child.

Custody And Visitation In Maryland

Some child custody cases get contentious because one parent has very good reason to doubt the ability or fitness of the other parent. If you believe your child will be unsafe or neglected if the other parent has custody, or even if you believe that supervised visitation is necessary, we’re here to investigate and help you build your case.

Child custody schedules aren’t permanent. Life changes, children grow older, and what worked a few years ago may not be feasible now. If one parent moves away or has a job transfer that makes your agreement untenable, or if a child gets older (at least 16) and decides they want to live with one parent full-time, we can help you petition the court for a formal custody change.

Help With A Child Custody Dispute

If you’re going through a divorce or otherwise trying to determine child custody arrangements, it’s smart to have a legal advocate advising you. We can explain what a judge looks for when making a decision in your child’s best interest and how to construct a strong case supporting your position. Our attorneys are fierce negotiators who know Maryland family law well. We’re ready to fight for your family – contact us today for a consultation with our Rockville child custody lawyer.

Working Toward The Best Interests of Your Child

When parents separate or divorce, one of the most emotionally charged issues is determining child custody. The outcome of these decisions will significantly impact your child’s well-being and future, making it essential to approach the process with careful consideration and legal support. Our Rockville family lawyer can help you understand the legalities and advocate for an arrangement that serves the best interests of your child.

Child custody cases often involve two key components: legal custody and physical custody. Legal custody refers to the right to make important decisions about your child’s life, such as those related to education, healthcare, and religious upbringing. Physical custody, on the other hand, determines where the child will live and which parent will be responsible for day-to-day care. In some cases, parents may share both legal and physical custody, while in others, one parent may be granted sole custody.

Understanding Different Custody Arrangements

There are various custody arrangements that may be considered, depending on the unique circumstances of each family. Joint custody is a common arrangement in which both parents share legal and/or physical custody of the child. This type of co-parenting arrangement can be beneficial when both parents are actively involved in their child’s life and are able to cooperate in making decisions.

In contrast, sole custody may be awarded when it is deemed that one parent is better suited to care for the child on a full-time basis. This might occur in situations where one parent has a history of abuse, substance misuse, or other behaviors that could negatively impact the child’s welfare. Even in cases of sole custody, the non-custodial parent may still be granted visitation rights to maintain a relationship with the child.

The Importance Of A Child Custody Lawyer

When facing a child custody dispute, it’s essential to have legal representation that understands the intricacies of Maryland’s custody laws. Our Rockville, MD child custody attorney can provide the guidance you need to handle this challenging process. Our lawyer will work with you to gather the necessary evidence, present a compelling case in court, and advocate for a custody arrangement that aligns with your child’s best interests.

In addition to representing you in court, our child custody lawyers can help negotiate a custody agreement outside of the courtroom. Many custody cases are resolved through mediation, where both parents work together to reach a mutually acceptable agreement. This can often be a less contentious and more cost-effective way to resolve custody issues, and having our lawyer by your side can help make certain that your rights are protected throughout the process.

Moving Forward With Confidence

The outcome of a child custody case can have long-lasting effects on your child’s life and your relationship with them. That’s why it’s so important to approach this process with the right legal support. Fait & DiLima, LLP is committed to helping parents in the city of Rockville, MD achieve custody arrangements that are in the best interests of their children. Whether you’re facing a custody dispute or need to modify an existing agreement, our experienced lawyers are here to help.

Rockville Child Custody Infographic

When To Modify Your Child Custody Agreement

Child custody agreements are created to reflect the best interests of the child at the time of the agreement, but life circumstances can change. Modifying a child custody agreement is sometimes necessary when these changes affect the child’s well-being or the ability of the parents to maintain the original terms. Below are several situations that might require a modification of your custody arrangement.

1. Significant Change in Employment or Income

If one parent experiences a major change in their financial situation, such as losing a job or receiving a promotion, it may impact their ability to adhere to the custody agreement. This could include needing to adjust visitation schedules due to new work hours or addressing the financial aspects of supporting the child. In these cases, parents may seek to modify the custody agreement to reflect the current reality.

2. Relocation of One Parent

When one parent plans to move to a different city or state, it often becomes necessary to revisit the custody agreement. A relocation can affect the child’s school, social life, and the time they spend with the other parent. If the move significantly impacts the existing custody or visitation arrangement, it is essential to modify the agreement to establish a new schedule that works for everyone involved. As Rockville child custody lawyers, we frequently help parents negotiate these adjustments when relocation is involved.

3. Change in the Child’s Needs

As children grow, their needs change. What may have worked when the custody agreement was first created may no longer serve the child as they get older. For example, a child might have different educational or medical needs that require one parent to take a more active role. If either parent feels that the current agreement no longer aligns with the child’s best interests, a modification may be necessary to adapt to these evolving needs.

4. Parental Health or Wellness Concerns

If one parent’s health or overall ability to care for the child changes, this may also warrant a modification of the custody arrangement. This can include mental or physical health issues that affect a parent’s ability to maintain their responsibilities under the current custody terms. Courts will always prioritize the well-being of the child, so if a parent is no longer able to meet the agreement’s requirements, an adjustment may be necessary to protect the child’s welfare.

5. Failure to Comply with the Existing Agreement

If one parent consistently fails to comply with the existing custody agreement—whether by not showing up for visits, failing to follow the agreed schedule, or violating the terms—this could be grounds for seeking a modification. Courts take these violations of custody orders seriously, especially if they negatively affect the child. Our child custody lawyers can assist parents in addressing these issues through legal channels, potentially leading to a revised agreement that better serves the child’s needs.

6. The Child’s Own Preference

As children grow older, their preferences may begin to play a more prominent role in custody decisions. In some cases, the court may consider the child’s wishes, especially if they are of an age where their opinion is deemed mature enough. If the child expresses a strong preference to live with one parent or adjust the visitation schedule, this could lead to a modification of the custody agreement, provided it aligns with the child’s best interests.

Life changes frequently, and child custody agreements may need to be updated to reflect new circumstances. Whether it’s due to changes in employment, health, or the child’s evolving needs, modifying your agreement is sometimes the best option. We help parents in Rockville make informed decisions about their custody agreements. If you’re considering a modification, contact us today to speak with our experienced Rockville child custody lawyer and make sure that your child’s needs are met as circumstances evolve.

Rockville Child Custody Statistics

Child custody is a critical aspect of family law, determining children’s care and living arrangements following divorce or separation. According to the U.S. Census Bureau, approximately 13.5 million children under 18 live in single-parent households, with the majority (around 80%) being with their mothers. These statistics highlight the prevailing trend of mothers being awarded primary custody. However, the dynamics of child custody cases have evolved in recent years, with an increasing number of fathers seeking joint custody or primary custody.

In the United States, the courts prioritize the best interests of the child when making custody determinations. This often includes factors such as the child’s relationship with each parent, the child’s health and safety, and the ability of each parent to provide a stable and supportive environment. According to the American Academy of Matrimonial Lawyers (AAML), approximately 40% of child custody cases involve some form of joint custody, which allows both parents to share physical and legal custody of the child.

Child custody arrangements also vary by state. While joint custody is becoming more common, some states still have a preference for awarding primary custody to mothers, especially when children are very young. Fathers, however, are increasingly advocating for shared custody arrangements, and a growing number of fathers are being awarded primary custody. According to the National Fatherhood Initiative (NFI), about 1 in 6 fathers have primary custody of their children.

The following charts illustrate key trends related to child custody:

Child Custody FAQs

Filing for child custody can be a challenging process, but knowing what steps to take can help make things clearer. Whether you’re pursuing joint custody or sole custody, it’s important to follow the legal process carefully to protect your rights as a parent. At Fait & DiLima, LLP, we guide parents through the process of filing for child custody and work to make sure that the best interests of the child are prioritized. Below, we answer some common questions about how to file for child custody in Rockville, Maryland.

Where Do I Start When Filing For Child Custody?

The first step in filing for child custody in Rockville, MD, is to file a complaint or petition for custody with the local Circuit Court in Montgomery County. You will need to complete the necessary forms, which outline your request for custody and provide information about the child and both parents. The forms typically ask about the current custody arrangement, the child’s living situation, and any other relevant details. Once you have completed the paperwork, you must file it with the court and pay any required filing fees. It’s helpful to consult our family lawyer to verify the forms are completed accurately and to receive guidance throughout the process.

What Happens After I File For Child Custody?

After you file for child custody, the court will schedule a hearing where both parents can present their case. Before the hearing, you may be required to attend mediation to attempt to resolve the custody issue without going to court. Mediation allows both parties to work out a parenting agreement with the help of a neutral third party. If you can reach an agreement, the court will typically approve the arrangement. If mediation is unsuccessful, the case will proceed to a custody hearing, where the judge will make a final decision based on the best interests of the child.

Do I Need To Serve The Other Parent With Court Papers?

Yes, after filing for child custody, you must serve the other parent with copies of the court documents. This is a critical step because it officially notifies the other parent of your custody request and provides them with an opportunity to respond. You can serve the papers in person or through a process server, but it’s important to follow the proper procedures as required by Maryland law. Once the other parent has been served, they will have a certain amount of time to file a response with the court. Our child custody attorney can assist in making sure that this step is handled properly.

How Does The Court Decide Who Gets Custody?

In Rockville, MD, the court bases its custody decisions on what is in the best interest of the child. The judge will consider several factors, including the child’s relationship with each parent, the child’s emotional and physical needs, and each parent’s ability to care for the child. The court may also take into account the child’s preferences, particularly if the child is older. Both parents are encouraged to demonstrate their commitment to the child’s well-being. The court may grant joint custody, where both parents share legal and/or physical custody, or sole custody to one parent if it is deemed in the child’s best interest.

Can I Modify A Custody Order After Filing?

Yes, custody orders can be modified if there is a significant change in circumstances that affects the child’s well-being. For example, if one parent moves to a different state or if the child’s needs change over time, a modification may be necessary. You must file a petition to modify the custody order with the same court that issued the original order, and the court will review the case to determine whether a change is justified. Working with our family law firm can help you build a strong case for modifying a custody arrangement if needed.

If you’re looking to file for child custody in Rockville, MD, it’s important to have the right legal support. At Fait & DiLima, LLP, we have experience helping parents manage the child custody process and protect the best interests of their children. Contact us today to schedule a free consultation with our experienced Rockville child custody lawyer to discuss your case.

Rockville Child Custody Glossary

Determining child custody during a separation or divorce can be one of the most challenging legal issues a parent faces. We provide experienced, compassionate legal representation to help parents achieve custody arrangements that prioritize their child’s well-being. With over 120 years of combined experience, we’re committed to supporting families throughout Montgomery County, Frederick County, and Maryland.

Legal Custody

Legal custody grants a parent the right to make key decisions about their child’s life. These decisions often include selecting the child’s school, determining appropriate healthcare and treatments, and guiding their religious or cultural upbringing. In Maryland, courts typically encourage co-parenting, where both guardians share legal custody, fostering collaboration on important matters. However, joint legal custody requires effective communication and cooperation between parents. If communication has broken down or if one parent demonstrates poor judgment or neglect, the court may award sole legal custody to make sure that the child’s needs are met. We help parents present compelling evidence to secure legal custody arrangements that prioritize their child’s best interests and create a foundation for their future success.

Physical Custody

Physical custody determines where a child will reside and which parent is primarily responsible for their daily care and supervision. Physical custody may be sole, where the child lives primarily with one parent, or joint, where time is split between both parents according to a detailed schedule. The court evaluates factors such as the stability of each parent’s household, proximity to the child’s school and community, and the parents’ ability to provide a nurturing environment. Joint physical custody works well when both parents live close enough to allow the child a consistent routine. If one parent cannot provide a suitable living environment or if moving frequently between homes disrupts the child’s life, sole physical custody may be granted. We assist parents in demonstrating their ability to create a safe and stable home, advocating for arrangements that serve their child’s emotional and physical well-being.

Parenting Plans And Schedules

A parenting plan is a written document that outlines how custody and visitation will be structured. It includes details about where the child will spend weekdays, weekends, holidays, and vacations. The plan can also address how decisions will be made and how parents will communicate regarding their child. Crafting a parenting plan is often one of the most challenging aspects of a custody case because parents may have conflicting ideas about what is fair and workable. For example, one parent may want alternating weekends while the other prefers a shared week-to-week schedule. Our attorneys work closely with clients to design practical, enforceable custody plans that address the child’s developmental needs and accommodate each parent’s schedule. Whether through mediation or courtroom advocacy, we aim to secure parenting plans that minimize conflict and prioritize the child’s sense of stability.

Custody Modifications

Over time, life circumstances can change, making an existing custody arrangement no longer viable. A parent may need to relocate for work, change jobs with less flexible hours, or experience health issues that affect their caregiving ability. Additionally, as children grow older, their preferences and needs may evolve, leading to a natural reevaluation of the current arrangement. For example, a teenager may wish to spend more time with one parent due to proximity to school or extracurricular activities. Maryland courts require a substantial change in circumstances to modify a custody order, and the burden of proof lies with the parent requesting the change. We help clients gather the evidence needed to justify modifications, whether it’s supporting a new parenting plan or challenging a proposed change that doesn’t align with the child’s best interests.

Your Trusted Partner in Child Custody Matters

At Fait & DiLima, LLP, we understand that dealing with child custody matters can be emotionally challenging for parents and kids. Our experienced Rockville child custody lawyers are committed to helping you protect your rights and the well-being of your children. Whether you’re facing a custody battle or need guidance through a modification or enforcement, we are here to support you every step of the way. Don’t take on these difficult decisions alone—reach out to our compassionate team today for a consultation. Contact us now to discuss your case and take the first step toward a favorable resolution. Let us provide the legal guidance you need to achieve the best outcome for your family.