Making a Maryland Custody Agreement

Parents who live in the state of Maryland and are separated or divorced need to create a plan for how they will continue to care for their child when they are no longer together. This plan is called a child custody agreement and it provides explanations of how each parent will continue their involvement with the child and raise and care for the child. Making a Maryland custody agreement required that you are aware of the child custody laws in Maryland. You can find laws about divorce and custody in the Family Law section of the Maryland Code. Chapters 5 and 9 in the Family Law section hold the laws that affect the making of a custody agreement. You should these regulations. They include:

• The parents are joint guardians of their child;

• Custody may be awarded to either parent or joint custody to both parents;

• Neither parent will have any custody right that is superior to the right of the other parent;

• A sixteen-year-old or older child may petition to change custody; and

• Custody and visitation can be denied to one parent if that parent has a history of neglect or child abuse.

You must recognize that both parents have equal claim to custody and the state of Maryland does not have a presumption for either parent unless one parent has a history of child abuse or neglect. Parents may make a joint custody agreement where both are involved and share parental responsibilities or there can be sole custody agreement where one parent has most of the responsibilities. If your child is sixteen years old or older, he/she has the right to voice a preference for the custody arrangement.

Beyond the above information, Maryland laws do not have specifics for your custody agreement. Parents have quite a bit of flexibility to customize an agreement. A generic custody agreement includes:

• Information about how parents will share or split decision-making responsibility. You should have a process for making decisions about medical care, religion, education, extracurricular activities, etc.

• A parenting time schedule that shows with which parent the child will regularly spend time with as well as where the child will be during school breaks, holidays, vacations, etc.

• Information about the child's financial needs will be shared or divided by the parents.

• Information about how the child's other necessities will be shared or divided by the parents. This may include the child's health insurance, extra expenses and any special circumstances and needs for the child.

• Information about how the day-to-day and other practical matters of raising the child will be handled. Which parent will get the child when he/she is sick in school? Which parent will go to parent-teacher conferences? Which parent will attend the child's extracurricular activities?

• Basic rules or provisions for making the agreement work more effectively. Parents may find it useful to come up with a process for making schedule changes, how to resolve parental disagreements, how to communicate with each other about the child's needs and progress, etc.

Your Maryland custody agreement will be accepted by the court if you include the above information. When possible, work together with the other parent to make your agreement. Above all, create a custody agreement that is best for your child.