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Germantown, MD Child Custody Lawyers

Attorneys Helping Parents Resolve Child Custody Disputes in Germantown, Maryland

When parents decide to separate or get a divorce, they will need to determine how they will share responsibility for their children going forward. Child custody cases involve much more than where a child will live. Parents will need to determine how they will share decision-making authority, put day-to-day parenting schedules in place, and address other concerns that may affect the best interests of their children going forward.

Dealing with the legal issues related to child custody can feel overwhelming, especially when parents disagree about what is best for their children. At Diamant Gerstein, LLC, our attorneys have the experience, legal knowledge, and dedication to help our clients address family law matters related to child custody. We take the time to listen to each family's specific circumstances, explain the legal issues that will need to be addressed in plain language, and work with clients to build strategies that will help them achieve their goals. We focus on securing results that will protect the well-being of children while helping our clients maintain strong family relationships.

Legal Custody Versus Physical Custody

In general, child custody is separated into two categories. Legal custody refers to the right to make major decisions about a child's life, including choices about education, medical care, religious upbringing, and general welfare. Physical custody refers to where a child will live on a day-to-day basis and how their time will be divided between their parents. Our lawyers work with clients to put legal and physical custody arrangements in place that will protect their children's best interests.

Factors Considered in Decisions About Legal Custody

When family courts address legal custody, they will look closely at whether parents can work together to make decisions about how their children will be raised. The issues that may be considered when making decisions about how legal custody will be handled include:

  • Communication Between Parents: Courts may examine whether parents can discuss child-related issues and reach decisions without ongoing conflict.
  • Willingness to Cooperate: When parents share legal custody, they will need to be open to sharing responsibilities and making decisions together rather than insisting on unilateral control.
  • Stability and Welfare of the Child: Courts will consider how proposed arrangements will affect children's health and safety while taking steps to maintain stability in their lives.
  • Fitness of Each Parent: The mental and physical health of both parents may be considered to ensure that they can provide a safe, healthy environment for their children.
  • History of the Relationship: Courts may look at the level of involvement that each parent has had in their children's education, medical care, and daily lives.

These factors may be considered by courts in contested child custody cases. However, in many cases, parents can work together to reach agreements on how they will share legal custody and work together to raise their children. By considering these issues and addressing their children's needs, they can put arrangements in place that will encourage cooperation.

Considerations for Physical Custody Arrangements

Physical custody arrangements will determine when children will live or spend time with each parent on a regular basis. When creating physical custody schedules, parents will need to consider several practical issues, including:

  • School Schedules and Daily Routines: A visitation or parenting time schedule will need to account for the times when children will be picked up and dropped off at school, when they will participate in extracurricular activities, and other regular routines.
  • Distance Between Homes: When determining a workable schedule, parents will need to account for transportation. Depending on how far apart the parents live from each other, overnight stays with one parent on school nights may or may not be beneficial for children.
  • Work Schedules: The demands of each parent's job may affect the times when they will be available to care for children.
  • Age of the Child: The schedules specifying when children will stay with each parent may be different for younger children than for teenagers. Older children may have more independence, and their daily routines may include school, activities, part-time jobs, and time spent with friends. Children's preferences may play a role in decisions about physical custody in some cases.

A child custody agreement will include a detailed schedule that ensures that everyone understands when children will live in each parent's home. The schedule will cover weekdays, weekends, holidays, and school vacations. An agreement will also detail how the transportation of children will be handled, locations where children may be exchanged, and any other issues that may affect a family.

Parental Relocation

Life changes, such as a new job, a remarriage, or a desire to be closer to family, may sometimes lead a parent to consider moving. If a parent plans to move with their children, they may need to follow certain steps to modify a child custody order. In general, a parent is required to give the other parent written notice at least 90 days before a relocation that would require a modification of legal or physical custody. This will give the other parent an opportunity to object and ask the court to decide whether any modifications will be made.

If one parent objects to the other parent's relocation, a hearing will be held in family court. A judge will look at a parent's reasons for relocating and the other parent's reasons for objecting, and they will determine whether the relocation will serve the best interests of the children. Legal representation can be crucial in these cases, and an attorney can advocate for solutions that will provide for the well-being of children while maintaining important parent/child relationships.

Contact Our Germantown Child Custody Attorneys

Decisions about child custody can affect nearly every part of a family's daily life, from school pickups to holiday plans. The decisions made in these cases can have an impact on parents and children for years. Legal help from a skilled attorney can be essential when addressing concerns about child custody. At Diamant Gerstein, LLC, we can advise parents of their options, help them understand the laws that will apply in their cases, and advocate for arrangements that will provide for children's best interests. To set up a consultation, contact our Germantown, MD child custody dispute lawyers at 301-560-2685.

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