On one side of the fence are the cases that a certain court can decide. Jurisdiction is like an imaginary fence that divides legal cases into 2 categories.
" Jurisdiction" is the set of rules that decides which court hears a case. To be awarded temporary custody you must file a request for hearing and an Order for Temporary Custody and Support along with your Complaint for Custody or Divorce. Instead it is temporary custody while you wait for the court to hold a hearing. Temporary custody will be based on the "best interests" of the child standard. To formalize custody before you begin litigation, you will need to file for temporary court ordered custody. Temporary Custody - Temporary custody is also called pendente lite, meaning "pending the litigation". Generally, the courts do not favor split custody. Some of the factors that may point to this result are ages of the children and their wishes.
Maryland judiciary policy on confidentiality full#
Split custody is easiest to describe in a situation where there are two children, and each parent obtains full physical custody over one child. Split Custody (of 2 or more children) - Split custody means that one parent has sole custody of some of the children, and the other parent has sole custody of the remaining children. Sole Custody - A person may be granted sole legal custody, sole physical custody, or both. Physical custody can sometimes be referred to as "parenting time." The court may order legal and physical custody in a number of ways. Physical custody involves spending time with the child and making decisions about the child's everyday needs, including where the child lives. Pendente lite custody - See the information about temporary custody below.
Legal custody involves the right to make long-term plans and decisions for the education, religious training, discipline, non-emergency medical care and other matters of major significance concerning the child's welfare. The court may order legal and physical custody in a number of ways. Shared Physical Custody is when the child has two residences, spending at least 35% of the time with each parent.Each parent has an equal voice in making decisions.There are hybrid versions of joint legal custody where one parent may have "tiebreaking" authority (the final word in cases of disagreement), or each parent may have certain areas of decision making authority. Joint Legal Custody is where the parents work together and share the care and control of the upbringing of the child, even if the child has only one primary residence.Joint Custody - Joint Custody is actually broken down into three categories: Joint Legal, Shared Physical, and Combination. While the emergency custody is temporary, it is not the same as temporary custody or pendente lite custody. If you are granted emergency custody, this is a temporary order, and you will need to continue with your case until there is a final order providing permanent relief. The specific procedure to request emergency custody can vary from Circuit Court to Circuit Court however, the emergency custody hearing usually takes place very quickly after filing the request. Types of Court Ordered Custody and Definitionsĭe facto Custody - De facto custody refers to who actually has custody of the child before the court is involved. " De facto" means "in fact."Įmergency Custody – If you believe there is an imminent risk of substantial and immediate harm to you and/or your minor child, you may wish to consider a request for emergency relief. As situations change, a parent can always petition the Court to modify a Court order. Learn more about visitation and custody rights of non-parents.Ĭustody and visitation arrangements are never permanent. Grandparents and others may seek custody, but the presumption in favor of the natural parents can make it difficult. All court ordered custody has two components, legal and physical. The "best interests" of the child standard looks at certain factors to determine what is best for the child or children. The law looks at the "best interests" of the child standard when deciding on child custody and visitation. If the parties cannot agree about who should have custody, the court will grant custody either solely to one of the parents or shared between parents. This article is designed to give you general information on how courts decide custody and visitation rights in Maryland.Įither of the separated parents may petition a circuit court in Maryland for custody of a child. The law does not favor either the mother or father. Maryland law presumes that both natural parents are the natural custodians of their children. When the Custody Order Agreement is Violated.Types of Court Ordered Custody and Definitions.
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