Child custody (also known as legal custody, conservatorship, or allocation of parenting time and responsibilities) refers to the legal possession, rights, and responsibilities for a minor child by the child’s birth or adoptive parents—including the right to make health care, religious, cultural, and education decisions about the child's upbringing.
During separation, and following divorce, a child’s natural parents often share custody of the child (shared custody or joint custody)—unless one or both of the child’s natural or adoptive parents are deemed to be unfit or pose a risk to the health, safety, and well-being of the child (the child’s best interests). If one of the parents is deemed unfit, the other parent may be awarded sole custody of the child. In some cases a parent who is not allowed to have custody of a child may be given visitation rights—sometimes under the supervision of another adult (supervised visitation). Child custody laws are usually located in your state’s statutes governing family and domestic matters, and may be referred to as the Family Code.
Child custody is distinct from guardianship of a child, which usually involves a relative or an unrelated person temporarily agreeing to take responsibility for a child following the death of the child’s birth or adoptive parents, or their abandonment. And adoption is taking full and permanent responsibility for a child by someone other than the child’s birth parents.
In Maryland, child custody laws are designed to ensure the best interests of the child are the primary concern in custody and visitation arrangements. Custody can be categorized as either legal custody, which involves the right to make important decisions on behalf of the child, or physical custody, which pertains to where the child will live. Parents can have joint legal custody, where they share decision-making responsibilities, or one parent may be granted sole legal custody. Similarly, joint physical custody allows the child to live with both parents at different times, while sole physical custody means the child lives with one parent most of the time. If a parent is deemed unfit or poses a risk to the child's well-being, they may lose custody rights, but might be granted supervised visitation. Maryland courts consider various factors to determine custody arrangements, including the child's preference, the parents' ability to cooperate, and each parent's role in the child's life. The state's family law statutes, which can be found in the Maryland Code, govern these matters. It's important to note that child custody is distinct from guardianship and adoption, which involve different legal processes and standards.