The Client Comes First |
Child custody is an issue in most separations and divorces, and more often than not, is the primary source of conflict. It is always better to agree to an arrangement and to cooperate when children are involved. It is, however, sometimes necessary to litigate the issue of custody and support. In Maryland, it is possible to seek custody and support even if there is no divorce action pending, so long as the parties are not living together. You have a right to child support if you are the custodial parent, and a lawyer can help you be sure you are getting the support your child deserves. In Maryland there is no presumption in favor of one parent over the other in deciding custody. That is, there is no presumption in favor of the mother, and no presumption that the father is a better parent for a boy, and the mother better for a girl. There is also no presumption in favor of the parent with the most money, highest income, or better house. The sole standard is the best interest of the child. That all being true, as a practical matter, the mother will usually get custody in a contested case, absent a showing that she is an unfit parent, of absent some serious wrongdoing on her part. There is also no presumption that a parent is unfit simply because he or she might be at fault in causing the divorce, such as in the case of adultery. The court may consider it as a factor, but it does not automatically mean that person will not get custody. |