According to the The People’s Law Library of Maryland, the following forms of custody exist in Maryland:

Sole custody is when both legal and physical custody are given to one parent. The child has only one primary residence.

Split custody is easiest to describe in a situation where there are two children and each parent obtains full physical custody over one child.  Some of the considerations that may cause this type of custody arrangement are the age of the children and each child’s preference.

Joint custody is actually broken down into three categories:

• Joint legal custody is where the parents share care and control of the upbringing of the child, but the child has only one primary residence;
• In shared physical custody the child has two residences, spending at least 35% of his/her time with one other parent and the rest of the time with the other;
• Additionally, a person can make his/her own joint custody agreement that is any combination of shared physical and joint legal custody.  One example of this is when there is one residence for the child and the parents rotate living there with the child.¹

Note: In Maryland, judges deciding custody do not automatically give preference to either the mother or the father.²

¹ See The People’s Law Library of Maryland website
² Md. Code, Fam. Law § 5-203(d)(2)

If you are not comfortable with the abuser being alone with your child, you might be thinking about asking the judge to order that visits with your child be supervised.  If you are already in court because the abuser filed for visitation or custody, you may not have much to lose by asking that the visits be supervised if you can present a valid reason for your request although this may depend on your situation.

However, if there is no current court case, please get legal advice before you start a court case to ask for supervised visits.  We strongly recommend that you talk to an attorney who specializes in custody matters to find out what you would have to prove to get the visits supervised and how long supervised visits would last, based on the facts of your case.

In the majority of cases, supervised visits are only a temporary measure.  Although the exact visitation order will vary by state, county, or judge, the judge might order a professional to observe the other parent on a certain amount of visits or the visits might be supervised by a relative for a certain amount of time – and if there are no obvious problems, the visits may likely become unsupervised.  Oftentimes, at the end of a case, the other parent ends up with more frequent and/ or longer visits than s/he had before you went into court or even some form of custody.

In some cases, to protect your child from immediate danger by the abuser, starting a case to ask for custody and supervised visits is appropriate. To find out what may be best in your situation, please go to Maryland Finding a Lawyer to seek out legal advice.

The judge can decide how the costs and fees for mediation should be divided between the parents, and the judge can order the parents to pay. However, the judge may also waive payment all together, which means that no one has to pay.¹

¹ Md. Rule § 9-205(l)(2)

The judge can order parents to go to custody mediation for up to four hours, during one or two sessions. After that, the judge can order up to four more hours if the mediator recommends it and the judge agrees there is a good reason to do so (“good cause”). If you and the other parent both want to, you can agree to do mediation for longer.¹

¹ Md. Rule § 9-205(h)

If a judge in a custody or visitation case believes that a parent has abused or neglected his/her child, then the judge has to decide if s/he believes that this is likely to happen again if the parent is given custody or visitation.  The judge must specifically determine that there is no likelihood of further child abuse or neglect in order to give custody or unsupervised visitation to the abusive parent.  However, even if the judge doesn’t grant custody or unsupervised visitation, the judge may grant supervised visitation if the safety and emotional well-being of the child can be protected during the visits.¹  If you have evidence of abuse to you and/or your child, you (or your lawyer) may show this to the judge at the custody hearing.¹

See also Can a parent who committed domestic violence get custody or visitation? for more information about how violence against any child in the household will be treated by the judge.

¹ Md. Code, Fam. Law § 9-101

Grandparents may be able to ask a judge for “reasonable visitation.”  If the judge believes it is in the child’s best interest, s/he may grant visitation rights.¹  However, if the child’s parent doesn’t want the grandparent to get visitation, the grandparent may have to prove that the parent(s) denying him/her the visitation is unfit or that the child will be harmed in some way if the visitation is denied in order to get visitation.²

The People’s Law Library of Maryland website has additional information on grandparent visitation that you can read here.  For specific advice, please talk to a lawyer. Go to our MD Finding a Lawyer page for legal referrals.
 
¹ Md. Code, Fam. Law § 9-102
²Koshko v. Haining, 398 Md. 404, 921 A.2d 171 (Ct. of Appeals 2007)

There are many reasons people choose not to file for custody.  Some people decide not to get a custody order because they don’t want to get the courts involved.  Some parents make an informal agreement that works well for them.  Some parents think going to court will provoke the other parent, or they are worried that if a custody case is started, the other parent will suddenly fight for and get more custody or visitation rights than they are comfortable with.

However, getting a custody order from a court can give you certain legal rights.  Getting a custody order can give you:

• the right to make major decisions about your child and/or
• the right to have your child live with you (residency).

However, if you file for custody, the other parent may also request these rights and it may be up to the judge to decide if the parents can’t come to an agreement.

We strongly recommend talking to a lawyer who can help you think through if filing for custody would be best for you, depending on the facts of your situation.  You can find referrals for legal help by clicking on the Maryland Finding a Lawyer page.

Some people think they should file for custody so they can get child support.  While custody and child support are related, you do not necessarily need a custody order to get child support. A custody order will not automatically give you child support.  For information on filing for child support, you can contact your local courthouse by going to our Maryland Courthouse Locations page or talk to a lawyer.

You can only file for custody in court if that court has the legal ability to take the case.  This is called “jurisdiction.”  Maryland follows a law called the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which determines what state has jurisdiction over custody cases, meaning where you can file for custody.

Under the UCCJEA, you can generally only file for custody in the “home state” of the child¹ but there are exceptions to this.  See Are there exceptions to the “home state rule?” for more information.

The “home state” is generally the state where the child has lived with a parent or a person acting as a parent for at least the past six consecutive months.  In the case of a child less than six months old, the “home state” is the state where the child has lived since s/he was born. Leaving the state for a short time then coming back does not change anything.²

If you and your child recently moved to a new state, generally you cannot file for custody in that new state until you have lived there for at least 6 months.  Until then, the other parent may be able to start a custody case in the state that your children most recently lived in for at least 6 months.²  However, there are some exceptions to this.  Please speak to a lawyer regarding the specifics of your case to find out where to file.

Here are some basic examples:

• My children lived in Alabama their whole lives. We just moved to Maryland a few weeks ago. In my case, Alabama is my children’s “home state.” If I want to file for custody right now, I will probably need to file in Alabama.
• My children lived in Alabama until we moved to Maryland six months ago. Because the children have lived in Maryland for six months, and there were no prior custody cases in Alabama, Maryland is their “home state.” I will likely need to file for custody in Maryland.
• My children lived in Maryland until they left to live with the other parent in Alabama two months ago. Because they haven’t lived in Alabama for six months yet, their home state is still Maryland. If I want to file for custody, I can most likely file in Maryland.

¹ Md. Code, Fam. Law § 9.5-201
² Md. Code, Fam. Law § 9.5-101(h)
³ Md. Code, Fam. Law § 9.5-201(a)(1)

You do not need a lawyer to file for custody. However, it may be difficult for you to file a proper petition and to represent yourself in court without the help of a lawyer. As with all custody issues, it is strongly suggested that you try to get a lawyer to help you, especially if the other parent has a lawyer.  For a list of legal resources, some of which may be able to help for free or low cost, please see our Maryland Finding a Lawyer page.

If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.

Before you file for custody, you may consider making an out-of-court agreement with the other parent. Parents often have to be flexible about custody and visitation for the child’s benefit. Parents who fight for sole custody may be in court for months or even years. And they may still end up with some sort of joint custody order after a settlement or trial.

However, sometimes, parents need to file for custody because they can’t agree with the other parent. You may also need to file for custody if the other parent is keeping the child from you or if you fear for the child’s well-being. If the other parent has committed domestic violence against you, s/he may try to keep power and control over you through the child. When there has been domestic violence, joint custody usually isn’t a good option due to the power difference in the relationship between the parents.

Keep in mind that custody court cases can take a long time. Going through this process can be emotionally and financially draining, so please do what you can to take care of yourself. If you have experienced domestic violence, you may want to contact a local domestic violence organization. An advocate there may be able to support you and help you plan for your safety while in court.

You can watch our Custody, Visitation, and Child Support videos, where we explain legal concepts and the court process, to learn more about this topic. You can also read more about safety issues on the Safety Issues section of our Court System Basics page. 

In the following sections, we will discuss the steps that generally take place during the custody process. For precise information on how this process works in your county and state, you may want to contact a local lawyer.

The legal paperwork that starts a custody case is called a petition. You may file your custody petition in the family court or a court of a different name that hears custody cases. Generally, you will file in the county where the child lives.

The exact petition you file may depend on whether or not you are married to the child’s other parent, as you can see in the chart below.

Sometimes, non-parents can also file for custody or visitation rights. To find out about filing for visitation as a grandparent, go to I am the child’s grandparent. Can I get visitation? or talk to a lawyer.

The custody petition forms you need will be available at your local courthouse. Many forms are also available online. Some courts may have a court assistance officer or other staff who can help you complete the forms you need to file. However, court staff cannot advise or represent you. It’s best to get help from a lawyer to make sure that you have all of the forms and fill them out correctly. You can use our Maryland Courthouse Locations, Download Court Forms, and Finding a Lawyer pages to find your county’s court, the forms, and local lawyers.

Depending on what’s going on with the child and the other parent, you may be able to ask for an emergency or temporary custody order when you file your petition. That may require appearing in front of the judge. However, in most cases, you will just file the petition, and then the clerk will tell you a date to return to court a few weeks or months later. If your child’s well-being is in danger, make sure to mention this on the petition and notify local authorities as needed. It may also be possible to file for a restraining order, also called a protective order, and get temporary custody as part of an interim, temporary, or final protective order.

After you file, the papers will need to be given to the other parent. This is called “service of process,” and there are specific rules on how to do it. You may want to ask the clerk for the instructions on how the other party must be served in your state.

There are two different ways that you might be able to get a final custody order – by coming to an agreement, or by going to trial.

Reach an agreement: In some situations, you and the other parent might be able to reach an agreement (settlement) about your child’s living arrangements. If the judge approves, your agreement could become the final custody order. This could allow you to keep some level of control over the outcome and help you avoid the stress and uncertainty of a trial. You and the other parent could negotiate an agreement by yourselves, with the help of your attorneys, or through mediation.

Go to trial: If you can’t agree or if it’s unsafe for you to deal with the other parent directly, the next step will be a trial. At that point, the judge will make all the decisions about custody based on what s/he believes is in your child’s best interests. During a trial, you or your attorney can present evidence and cross-examine the other parent. The other parent can do the same. If you are representing yourself, you can learn more about how to do this in our At the Hearing section.

If the child is 16 years or older, s/he can file a petition to ask the judge to change the custody order. The child does not need a parent or guardian to file the petition. The judge will hold a hearing and may decide to place the child with the parent s/he requests but does not have to.¹

¹ Md. Code, Fam. Law § 9-103

In any custody or visitation case, the judge may include a requirement that either party provide advance written notice of at least 90 days to the court, the other party, or both, when the permanent residence of either the parent or the child is going to be relocated within the state or to another state.¹ However, if you can show that this type of written notice would expose the child or either party to abuse as defined by law or that there is another good reason not to give the notice, the judge can do away with the notice requirement.¹

If the judge orders you to give written notice to the other party, it means that the notice has to be mailed by certified mail, return receipt requested, to the last known address of the other party.³ Note: If you cannot give the full 90 days’ notice because relocation was necessary due to financial or other extenuating circumstances, the other parent may bring you to court for failing to follow the notice procedures. However, if you gave the required notice within a reasonable time after learning of the need to relocate, the judge may consider this if the other parent brings you to court for not giving him/her the full 90 days’ notice.⁴

The judge must schedule a hearing quickly (on an “expedited basis”) if:

• either party files a petition regarding the proposed relocation within 20 days of the written notice; or
• the proposed relocation would significantly interfere with the other parent’s ability to maintain the current parenting time schedule. ⁵

¹ Md. Code, Fam. Law § 9-106(a)(1)
² Md. Code, Fam. Law § 9-106(b)
³ Md. Code, Fam. Law § 9-106(a)(3)
⁴ Md. Code, Fam. Law § 9-106(c)
⁵ Md. Code, Fam. Law § 9-106(a)(4)

After holding a hearing in which the judge will consider evidence of the abduction risk factors, the judge can decide to issue an abduction prevention order.¹ An abduction prevention order can include one or more of the following:

1. travel restrictions that require that the other parent to give you the following documents:
   • a travel itinerary of the child;
   • a list of physical addresses and telephone numbers at which the child can be reached at specific times; and
   • copies of all travel documents;
2. a restriction that the other parent cannot do any of the following directly or through another person:
   • remove the child from the State, the United States, or another geographic area without permission of the court or your written consent;
   • remove or keep the child in violation of the custody order;
   • remove the child from school, daycare, or a similar facility; or
   • approach the child at any location other than a site designated for supervised visitation;
3. a requirement that a parent register the abduction prevention order in another state before the child is allowed to travel to that state;
4. with regard to the child’s passport:
   • a requirement that you place your child’s name in the United States Department of State’s Child Passport Issuance Alert Program;
   • a requirement that the other parent surrender to the court or to your attorney any United States or foreign passport issued in the child’s name, including a passport issued in the name of both the parent and the child; and
   • a prohibition against the other parent from applying on behalf of the child for a new or replacement passport or visa;
5. before exercising custody or visitation, a requirement that the other parent:
   • give an authenticated copy of the order detailing passport and travel restrictions for the child to the United States Department of State’s Office of Children’s Issues and the relevant foreign consulate or embassy, and provide proof that this was done to the court;
   • provide an acknowledgment to the court from the relevant foreign consulate or embassy that no passport application has been made, or passport issued, on behalf of the child;
   • give you proof of registration with the United States Embassy or other United States diplomatic presence in the other country and with the Central Authority for the Hague Convention, if the Convention is in effect between the United States and the other country; and
   • provide to you and the court a written waiver under the federal Privacy Act with respect to any document, application, or other information pertaining to the child that allows the information to be given (disclosed); 
6. if you request it, a requirement that the other parent get an order from the other country that has identical terms to the child custody order that was issued in the United States;²
7. a limit on visitation or a requirement that visitation is supervised and paid for by the other parent;
8. a requirement to post a bond or provide other security in an amount sufficient to serve as a financial deterrent to abduction; then, if there is an abduction, that money would be used to pay for the reasonable expenses to get your child back and your attorney’s fees; and
9. a requirement that the other parent get educated on the potentially harmful effects to the child from an abduction.³

If the judge believes an abduction is about to happen (is “imminent”), the judge can:

• issue a warrant to take physical custody of the child;
• direct law enforcement to take any action reasonably necessary to locate and get the child or enforce the custody order; or
• grant any other relief allowed by law.⁴

¹ Md. Code, Fam. Law § 9.7-108(b)(1)
² Md. Code, Fam. Law § 9.7-108(c)
³ Md. Code, Fam. Law § 9.7-108(d)
⁴ Md. Code, Fam. Law §§ 9.7-108(e); 9.7-109(a)