Legal v. Physical Custody Explained

One of the most challenging parts of separation and divorce is determining the most appropriate custody arrangements for your children. During this journey, parents must find a way to put their children’s interests first to determine the best custody schedule.

There are two types of custody: legal and physical. Legal custody, also known as “decision-making authority,” relates to a parent’s right and obligation to make decisions with lasting impact on their children. Such topics include education, religion, and medical care. Legal custody may be joint, sole, or have a parent designated as a tie-breaker when the parents cannot cooperate.

Physical custody, also known as “access” or “parenting time,” describes where the children will live. Included in this determination is the right and obligation of a parent to spend time with the children, provide a home for the children, and to make the everyday decisions that arise. In contrast, the children are in the care of that parent. Physical custody may be shared/joint or sole.

Because no one knows your family better than you, parents are encouraged to make physical and legal custody decisions by reaching a mutual agreement. However, if they cannot reach agreement, Maryland courts are equipped to resolve custody matters.

A court favors neither parent and is bound by what is in the children’s best interests. In order to make this determination, the court will consider several factors to determine what arrangement is in the children's best interest. Such factors include the parents' fitness, the parent's ability to communicate, and the geographic proximity of the parents, among many other relevant factors. Cynthia Callahan & Thomas C. Ries, Fader’s Maryland Family Law § 5-3(a) (6th ed. 2016).

Custody matters are some of the most challenging cases for parents, attorneys, and judges alike. If you want to pursue a custody agreement or seek legal representation in your divorce, contact our office at 240-396-4373 today.