Custody, Visitation, Child Support
and Child Relocation
There is no presumption in favor of awarding custody to either parent,
and the court has wide discretion to act in the best interests of
the children. Liberal visitation to the non-custodial parent is the
norm. A custody award may be divided into "legal custody" and "residential
custody". "Legal custody" can be "joint",
where major decisions are made by both parents together, or "sole",
where one parent has that responsibility. A "residential custody" award
may place the children on any schedule that is in the child's best
interests in the court's view, ranging from non-overnight visitations
by a non-custodial parent, to a shared arrangement, where the child
stays overnight with each parent an equal number of nights, or a
substantial number of nights with the non-primary custodian.
Regarding child support, Maryland has enacted Child Support Guidelines,
which are principally based upon the number of children, the income
of each parent, work-related child care expenses, and any extraordinary
medical expenses. Although the court has the power to depart from
these guidelines in an appropriate case, it is required to make a
determination of the statutory amount and to explain the reasons
for the departure. The guidelines apply in cases where both parents'
combined monthly incomes total $10,000 or less. In cases where the
parents' incomes are greater, the court has discretion to determine
an appropriate child support amount, but will frequently apply an
extrapolation of the guidelines formula to the parents' combined
incomes.
The court may also award use and possession of the family home, and
certain family use personal property such as an automobile, to the
custodial parent for a period of up to three years from the final
decree, in order to promote stability for the children, and also
allocate the cost of maintaining the home based upon the equities
of the case.
In today's peripatetic world, a parent may desire to move with a
child, out of town, across country, or even abroad, for employment
purposes, to reunite with extended family, or for other equally valid
and legitimate reasons. A proposed relocation, to a place some
distance from the other parent, is often a highly sensitive issue
for all concerned, and such a plan by a primary custodial parent
should not be taken for granted. If the parents cannot agree, the
court will ultimately decide whether the child will be allowed to
move. After carefully scrutinizing the declared reasons for
the proposed move, and weighing what is to be gained and what may
be lost in the event of relocation, the court will allow or prohibit
the move based upon what it determines is in the child's bests interests. In
cases involving custody and visitation, the court often requires
the parties to participate in at least two mediation sessions.
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