Having dealt with the issues of divorce, child custody, and child support as a Howard County, Maryland, family law attorney for over thirty years, I know that of most importance to many of my clients was the protection of their children despite the fact the spouses will be living separately.  The courts, if the parties cannot agree, will make a determination as to ”what is in the best interests of the child”.  The following factors are considered by the courts –who has the requisite parenting skills, who has been active in the child’s life, whether both or one of the parents is considered nurturing and supportive to the child or children. Factors that can negatively affect one of the spouses from becoming the primary or sole custodian include: domestic violence or abuse, physical disabilities that affect the ability to provide parenting functions, addictions such as alcohol or drug that are not controlled, lack of involvement with the child or children, failure to financially support children, negligence, and indifference. These are not all the factors and each individual case must be looked at to determine what is in the best interests of the children.

There are varying types of custody and visitation.  “Sole custody” generally means that one parent makes all of the major decisions affecting the child’s health, education, and welfare. Typically in a sole custody arrangement, the child lives with that parent and, on a schedule, visits with the other parent.

“ Joint custody” often means that the child divides his/her time, not necessarily equally, with each parent.

If the parties cannot agree regarding custody and visitation,  the court will make those determinations, initially on a temporary basis, and then on a more permanent basis.  Even if the parties enter into an agreement regarding custody and visitation, the court still can modify the written agreement if the agreement is determined not to be in the best interests of the child.