In Maryland, there are two types of custody: legal and physical.  Legal custody is the right to make important decisions regarding the child's medical treatment, education, and religion.  Physical custody refers to where the child lives.  Joint legal custody means both parent have an equal say in important decisions.  Shared physical custody means that the child spends at least 128 overnights with each parent.

In court, the judge has broad discretion in child custody decisions.  The judge is supposed to base his or her decision on the best interests of the child.  In evaluating the best interests of the child, the court is supposed to consider the following:

1.    The fitness of the parents.
2.    The character and reputation of the parties.
3.    The desire of the natural parents and any agreement between them.
4.    The potential for maintaining natural family relations.
5.    The preference of the child, when the child is of sufficient age and capacity to form a rational judgment.
6.    Material opportunities affecting the future life of the child.
7.    The age, healt, and sex of the child.
8.    The residence of the parents and the opportunity for visitation.
9.    The length of the separation of the parties.
10.   Whether there was a prior voluntary abandonment or surrender of custody of the child.

In actual practice, the "fitness of the parents" refers to any substantial problem with one or both parents, such as drug addiction, psychiatric problem, history of abuse, etc. A parent's work schedule may also prohibit them from having custody.  If both parents appear to be "fit and proper" the court will usually look at who has been providing care for the child.  If one parent has been the one keeping house, preparing the food, taking the children to school and activities, and taking the children to the doctor, that parent is likely to be favored in a custody dispute.

The judge's personal philosophy and life experience will also play a major role.  Older, traditional male judges seem to believe that women raise children and men pay bills.  After all, these judges had worked long hours as lawyers while their wives stayed at home and took care of the children.  They would tend to view custody cases through the lens of their own experience.  Judges who have come onto the bench in the last fifteen years tend to see things differently.  They may be women who have had careers as lawyers.  Their husbands probably worked full time as well and shared in raising the children.  They may be men whose wives have careers as well.

Joint legal custody and shared physical custody requires the parents to communicate and work together.  For shared physical custody, the parents must live close enough for both parents to have the children overnight during the school week.  If both parents are fit and proper persons, can communicate with each other to a reasonable degree, and are both able to have the children overnight during the school nights, the current preference seems to be for shared physical custody.

Anyone who is not a biological parent of the child will have a very difficult time getting custody or court-ordered visitation with a child. They would need to prove that neither biological parent is a fit and proper parent and custody therefore needs to be granted to a nonparent to protect the health and safety of the child.

Lee S. Ashmore is a Maryland divorce lawyer who handles family law matters, including divorce, child custody, visitation, child support, alimony, property division, adoption, guardianship, separation agreements, domestic violence, paternity, contempt, and collections in Howard County, Maryland,Columbia, Maryland, Ellicott City, Maryland, Elkridge, Maryland, Savage, Maryland, Clarksville, Maryland, Glenelg, Maryland, West Frienship, Maryland Glenwood, Maryland, Highland, Maryland, Marriottsville, Maryland, Woodstock, Maryland, Anne Arundel County, Maryland, Laurel, Maryland, Jessup, Maryland, Glen Burnie, Maryland, Annapolis, Maryland, Fort Meade, Maryland, Crofton, Maryland, Beltsville, Maryland, Baltimore County, Maryland, Catonsville, Maryland, Montgomery County, Maryland, Silver Spring, Maryland, Oleny, Maryland, Burtonsville, Maryland, Prince George's County, Maryland, College Park, Maryland, Bowie, Maryland, through litigation, negotiation, mediation, and collaborative law.