Fathers have equal rights to their children!
I am often asked by my male clients if they have any chance at primary physical or shared physical custody of their child. The answer is a resounding, “OF COURSE!”
Many people assume that courts give mothers more rights to children, particularly custody rights, than fathers. This presumption is incorrect.
No State grants the presumption of rights for custody to mothers. Every court evaluates a case based on what is in the best interest of the children.
Remember, in Maryland there are two types of custody: PHYSICAL (where the child puts his or her head at night) and LEGAL (decision-making regarding the health, education and welfare of a child).
Many Fathers Are Awarded Custody of their Children
It may often be the case that granting a mother primary custody is not in the best interest of a child. In the State of Maryland, there is NO PRESUMPTION that a mother is the naturally-superior custodian of a child. There are instances where fathers actually have a custody advantage over a child’s mother. In the State of Maryland, the court looks to the BEST INTEREST OF THE CHILD in making a determination who should have primary custody of a child. Examples where a father may have a superior right to a child—where the mother has a history of drug abuse or is accused of physically abusing a child. In some families, children may have extremely strong emotional attachments with their father and the mother can be a detriment to a healthy relationship between the father and child. In most cases, the law dictates that the parents come to court on an equal footing insofar as custody decisions are concerned.