Child Custody
& Child Support

Understanding the Impact of Separation or Divorce

As a parent, going through a separation or divorce can be an overwhelming and emotional experience. The idea of making significant changes to the life you have built for your child is difficult and understandably distressing.

Navigating Child Custody Battles

As a parent, going through a separation or divorce can be an overwhelming and emotional experience. The idea of making significant changes to the life you have built for your child is difficult and understandably distressing.

How Do Courts Determine Custody?

The primary goal of the court is to act in the best interest of the child. While there is no single formula for deciding child custody cases, the courts must evaluate the following factors to ensure the best outcome for the child.

  • Stability and the foreseeable health and welfare of the child;
  • Frequent, regular, and continuing contact with parents who can act in the child’s best interest
  • Whether and how parents who do not live together will share the rights and responsibilities of raising the child
  • The child’s relationship with each parent, any siblings, other relatives, and individuals who are or may become important in the child’s life
  • The child’s developmental needs, including physical safety, emotional security, positive self–image, interpersonal skills, and intellectual and cognitive growth
  • The day–to–day needs of the child, including education, socialization, culture and religion, food, shelter, clothing, and mental and physical health
  • How to:
    1. place the child’s needs above the parents’ needs;
    2. protect the child from the negative effects of any conflict between the parents; and
    3. maintain the child’s relationship with the parents, siblings, other relatives, or other individuals who have or likely may have a significant relationship with the child;
  • The age of the child
  • Any military deployment of a parent and its effect, if any, on the parent–child relationship
  • Any prior court orders or agreements
  • The child’s physical and emotional security and protection from exposure to conflict and violence
  • Each parent’s role and tasks related to the child and how, if at all, those roles and tasks have changed
  • The location of each parent’s home as it relates to the parent’s ability to coordinate parenting time, school, and activities
  • The parents’ relationship with each other, including:
    1. how they communicate with each other;
    2. whether they can co–parent without;
    3. disrupting the child’s social and school life; and
    4. how the parents will resolve any disputes in
    5. the future without the need for court intervention;
    6. the child’s preference, if age-appropriate; and
    7. any other factor that the court considers appropriate in determining how best to serve the physical, developmental, and emotional needs of the child.
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MD. Family Law § 9-201

The court may weigh some factors more than others, but always prioritizes the child’s best interests.

Generally, it is not advisable for a child to testify directly in court about their preferences, as this can be a traumatic experience. Instead, the child’s views can be communicated through other, more supportive means.

SPM Law provides guidance throughout the child custody process, helping to make tough decisions easier. We recognize that every family is unique, with distinct values and goals. We also understand how fragile and vulnerable a child can feel during separation or divorce, which is why we are committed to ensuring every child’s voice is heard.

If you need assistance with your child custody case, SPM Law is ready to support you every step of the way with professionalism, empathy, and understanding. Contact us today to begin the process.

The Benefits of a Best Interest Attorney in Custody Cases

When deemed necessary, the court may appoint a Best Interest Attorney (BIA) to represent and advocate for the child’s best interest.
An experienced BIA may recommend custody arrangements after thoroughly evaluating the child’s home life, school life, relationships with both parents and family members, and any impact on their mental or physical health.

In addition to offering insights into the child’s feelings—especially when those emotions are not easily expressed—the BIA can investigate allegations of emotional manipulation or abuse, ensuring the child’s mental and emotional wellbeing, living environment, and influences from both family and others are thoughtfully considered.

Even when both parents deeply love their child and want what is best, disagreements can arise, leading to high-conflict custody battles. Despite the challenges, finding a resolution is possible.

Snehal is an experienced BIA appointed by the Court in complex cases to assist families navigating custody arrangements. SPM Law is a credible and reliable firm, trusted by clients and families to help them navigate these complex cases successfully.

Contact Us

Contact SPM Law today for a consultation about what options are best for your family.

Contact SPM Law
MasseyLaw-4584