Why Is Joint Custody More Common Than Sole Custody in Maryland?
Divorce is stressful for every member of the family. For young children who may not be able to fully understand the concept, it can be especially disorienting.
Deciding child custody is one of the most contested and emotionally fraught parts of divorce, but more often than not, when considering who should make major decisions regarding a child, courts prefer joint custody arrangements to sole custody arrangements. Here’s a look at why.
Kinds of Custody in Maryland
When making decisions on child custody, Maryland courts must consider two types of custody:
- Legal Custody: Authority to make decisions about the child’s upbringing and well-being
- Physical Custody: Housing the child and caring for their day-to-day needs
When possible, courts tend to favor joint custody arrangements that allow parents to share legal custody. Under a joint legal custody arrangement, parents must work together to make major decisions for the child. Legal custody can include decisions about where the child will be educated,
For physical custody, courts have slightly different designations. A judge can opt to award primary physical custody, shared physical custody, or sole physical custody. The decision to award a specific form of physical custody accounts for many different factors, including the age of the child, the proximity of the parents’ homes, and the logistics of their work schedules, among other considerations.
During divorce proceedings, parents will need to create a parenting plan and have it approved by the court. When determining outcomes for child custody (both physical and legal custody), the court will attempt to make a plan that supports the best interests of the child.
A Closer Look at Legal Custody: Why Joint Custody Is More Common Than Sole Custody
In Maryland (as in most other states), family courts assign joint legal custody more often than sole custody. These are some of the key reasons:
It’s Usually Best for a Child’s Mental Health
For decades, research has indicated that children tend to do best when they can maintain healthy relationships with both parents. When both parents are able to speak into major decisions in the child’s life, it typically leads to better outcomes for the child.
Family Courts Believe It’s in the Child’s Best Interest
While family courts will take each parent’s preferences into account, the child’s well-being is of paramount importance. Courts and mental health professionals are generally in agreement that unless there are extenuating circumstances, awarding the parents joint custody is best for children.
When Is Joint Custody Not Appropriate?
Joint custody is often the best choice for divorcing parents with children — but in some cases, it can be detrimental or even dangerous. There are some circumstances where sole custody might be the better choice:
The Child’s Health Issues Make Joint Decisions Difficult
If a child has special needs and the parents have demonstrated an inability to maturely communicate with each other regarding the best interests of the child, they may fare better if one parent has sole legal custody.
One Parent Has Been Intentionally Absent
If the child only has a relationship with one parent, the court may be more likely to give that parent sole custody.
There Has Been Child Abuse or Domestic Violence
If one parent has been abusive, courts are generally more likely to award sole custody to the other parent.
One Parent Is Not in a Position to Provide Adequate Care
Sometimes, even if one parent wants to be involved, they don’t have the ability to properly care for the child or make informed decisions on their behalf. If one parent has untreated mental health or substance use issues or a lack of financial resources, joint custody may not be appropriate.
However, if that parent later treats their mental health concerns, gets sober, or improves their financial situation, they might be able to share custody.
Are You Dealing With Divorce?
Whether you’re in the midst of a divorce or are preparing for one, you’re facing one of life’s biggest challenges. Having an experienced, qualified lawyer can’t completely erase the stress of divorce — but it can make it significantly easier for parents and children to cope.
At Blattner Family Law Group, we’re dedicated to helping Maryland couples and families make divorce as simple and pain-free as possible. Our experience and attention to detail sets us apart, and we’re ready to help you find a solution that works for your family. Give us a call, send us an email, or fill out our online contact form to set up a free consultation today!