Custody

When deciding who will have custody, a judge will try to make an arrangement that s/he thinks is in the best interest of your child. The court will base its decision on many factors. Some of the things a judge will consider are:

• the fitness (parenting ability) of the parents;
• the character and reputation of the parents;
• the wishes of the parents, and any agreements between them;
• the potential for keeping “natural family relations;”
• the preference of the child, when the child is old and mature enough to reasonably give an opinion;
• material opportunities affecting the future life of the child;
• the age, health, and sex of the child;
• where the parents live and the opportunity for visitation;
• the length of the separation of the parents; and
• whether either parent willingly gave up of custody of the child.¹

¹ See MD Law Encyclopedia, Parent and Child § 10; Best v. Best, 93 Md. App. 644, 613 A.2d 1043 (1992)