Child Custody Lawyer in Montgomery County MD | Kamkari Law
A seasoned child custody lawyer who understands the nuances of Maryland’s “best interests” standard and the local procedures and norms can establish a stable schedule and future for your minor children. At Kamkari Law, we provide strategic representation for both legal and physical custody, ensuring that your parental rights are protected in the Montgomery County Circuit Court.
Consult with Our Bethesda Custody Attorney or Call Us Direct (301) 309-0660
How is Child Custody Determined in Maryland?
In Maryland, courts do not favor one parent over the other. instead, they determine custody based on the Best Interests of the Child. Under Md. Code, Family Law § 5-203(d), both parents are initially considered joint natural guardians with equal rights.
However, a parent may over come that initial presumption and present facts and factors that shows their minor child(ren) are better off if they have sole physical custody or they have a shared physical custody schedule that provides more time with that parent.
Key Factors for Child Custody Decisions
| Factor | Description |
| Fitness of Parents | The physical and psychological capability of each parent. |
| Child’s Preference | Depending on age and maturity, typically over 16. |
| Stability | Maintaining the child’s current school, social, and religious environment. |
| Proximity | The distance between parental homes to support visitation schedules. |
Types of Child Custody in Maryland
Maryland law distinguishes between how you make decisions for your child and where the child lives. The decision-making ability is call legal custody and who a child lives with is called physical or residential custody.
1. Legal Custody (Decision-Making Authority)
Legal custody involves the right to make long-term decisions regarding a child’s education, healthcare, and religious upbringing.
Joint Legal Custody: Parents share decision-making responsibilities.
Sole Legal Custody: One parent has the final authority on major decisions.
2. Physical Custody (Residential Responsibility)
Physical custody refers to where the child resides on a day-to-day basis.
Joint Physical Custody: The child spends at least 35% of the year (128 overnights) with each parent.
Sole Physical Custody: The child lives primarily with one parent, while the other typically has visitation rights.
Child Support Guidelines in Maryland
Child support is calculated using the Maryland Child Support Guidelines under Md. Code, Family Law § 12-202. This calculation factors in the gross income of both parents, the cost of health insurance, and extraordinary medical or educational expenses.
Inside Insight: Maryland recently updated its support guidelines to reflect modern cost-of-living standards. Ensure your attorney uses the 2024/2025 updated worksheets for the most accurate projection.
Frequently Asked Questions (FAQ) by Our Child Custody Lawyer
Can child custody be changed after a divorce?
Yes. Under Maryland law, custody can be modified if there has been a “material change in circumstances” that affects the child’s welfare.
Maryland Out-of-State Child Custody Laws & The UCCJEA
When one parent lives outside of Maryland or plans to move, custody matters become significantly more complex. These cases are governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), a federal standard adopted by Maryland to determine which state has the legal authority to make or modify custody orders.
Maryland has adopted UCCJEA in Md. Code, Family Law Section 9.5
Our Child Custody Lawyer in Montgomery County is well versed in UCCJEA and has successfully returned children from other states who were removed by one of the parents without the agreement of the other parent or a court Order.
Jurisdiction in Multi-State Cases
The UCCJEA ensures that only one state maintains “home state” jurisdiction at a time to prevent conflicting court orders from different states. Generally, a child must live in Maryland for at least six consecutive months for a Maryland court to have the authority to hear a new custody case. There is also a federal statute regarding the kidnapping of the children by their parents.
Key Federal Statutes Regarding Kidnapping of a Child by a Parent
- International Parental Kidnapping Crime Act (IPKCA) (18 U.S.C. § 1204):
- Applies to: Removing or retaining a child outside the U.S. to obstruct another parent’s rights.
- Penalties: Fines, up to 3 years imprisonment, or both.
- Parental Kidnapping Prevention Act (PKPA) (28 U.S.C. § 1738A):
- Purpose: Creates national standards for states to enforce custody orders, preventing conflicting decrees and interstate abductions.
- Mechanism: A “full faith and credit” law that compels states to respect other states’ custody determinations.
Maryland Criminal Law § 3-503
- Prohibited Acts: It’s illegal to:
- Kidnap, take, or carry away a child under 16 from their lawful custodian by force or fraud.
- Knowingly hide or harbor a child under 12 (or under 16 for others) to deprive the parent/guardian of custody.
- Keep a child for more than 48 hours after a demand for return, if you are a relative.
- Who It Applies To: While often involving non-parents, this law applies to any person, including a parent, who violates a custody order or takes a child unlawfully.
- Felony Offense: Violations are felonies, punishable by imprisonment (e.g., up to 20 years for standard kidnapping, longer if combined with sexual offenses).
- Intent: A critical element is the intent to deprive the parent or lawful custodian of custody.
What laws protect against child kidnapping or abduction in Maryland?
Protection is provided by the Maryland Child Abduction Prevention Act (MCAPA), which allows courts to take preventative measures if a “credible risk” of abduction is found. Additionally, the federal Parental Kidnapping Prevention Act (PKPA) and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) prevent other states from modifying Maryland custody orders if a child is wrongfully removed.
Parental Relocation and Intra-State Moves
Whether you are moving across state lines or to a different county within Maryland, relocation often requires legal intervention:
Notice Requirements: Maryland law typically requires a parent to provide notice to the court and the other parent before relocating with a child.
Material Change in Circumstances: A significant move is often viewed as a “material change,” allowing the court to re-evaluate the existing custody schedule to ensure it still serves the Best Interests of the Child.
Stability Factors: The court will examine if the move provides better educational or social opportunities versus the impact of decreased time with the non-relocating parent.
What is “Use and Possession” of the family home?
Under Md. Code, Family Law § 8-206, a custodial parent may be granted the right to live in the family home for up to three years after a divorce to maintain stability for the children. The Court can also decide who will pay the mortgages, taxes, insurance and upkeep of the house.
How does the court view parental relocation?
Relocating a child out of Maryland often requires a court order if it significantly impacts the other parent’s visitation rights. Although the “best interest” test is still the standard, the relocation may present facts that favor or disfavor the relocation. The main factor in relocation cases is usually the stability of the children.
Contact Kamkari Law's Child Custody Lawyer Today
Kamkari Law
Child Custody Lawyer in Montgomery County MD
10411 Motor City Drive, Suite 750, Bethesda, Maryland 20817
Member of Bar Association of Montgomery County
