How Hard Is It to Get Full Custody in a Maryland Divorce?

Child custody is likely one of the most charged issues you will face in your divorce. This is especially true if you can’t already agree on how to handle parenting after you end your marriage. You may be wondering if you can get full custody of the children. It can be difficult, unless there are very good reasons. Most courts want both parents to be involved whenever possible, but there may be reasons why you’re asking about full custody. If so, we’re here to help you explore your options and what it will take to get there. 

At RPM Law, our Maryland family law attorneys can help with child custody issues, including determining whether full custody is appropriate.  

What Does “Full Custody” Mean in Maryland?

Maryland focuses on two primary types of custody:

Legal Custody

This refers to the parent’s right to make decisions about a child’s:

• Upbringing
• Schooling
• Healthcare decisions
• Religion 
• Other legal decisions that affect the child

Physical Custody

Physical custody refers to where the child lives, and the day-to-day care. Parents often share physical custody, even if they don’t share legal custody. 

“Full custody” usually refers to one parent having both sole legal and sole physical custody. You will also hear it called “sole custody.” This is considered a pretty serious remedy, and is usually only done for significant reasons.

Maryland’s New Custody Laws: Still Using the Best Interests as the Primary Decision-Making Process

Maryland recently enacted legal best interest factors that courts must consider. This replaced the previous case law factors that existed for many years before. Some of these include, but are not limited to:

• The health, age, and emotional needs of the child
• Each parent’s home and stability of the home
• The relationship the child has with each parent
• The willingness of each parent to help the relationship with the other parent
• History of neglect or abuse, if any
• Any history of substance abuse by either parent
• The child’s preference, if they are old enough

Why Full Custody Is Difficult to Obtain

Full custody is not the default outcome in Maryland divorces. Most situations benefit from contact with both parents. Unless one parent is a substantial risk to the child, the judge is very unlikely to grant full custody to one parent.

There are exceptions of course. A court could grant full custody to one parent if there is:

• Documented domestic violence in the home
• Evidence of child abuse
• Substance abuse that endangers the child
• Severe mental health issues that make parenting dangerous or impossible
• Evidence of neglect or abandonment

Even in these cases, the parent seeking full custody must provide clear evidence to the court.

Steps to Strengthen a Full Custody Case

To prove a request for full custody, you should:

• Document your concerns about the child’s safety
• Show a history of missed visitations
• Demonstrate past unsafe behavior or neglect
• Show your attempts at fostering a good relationship with the other parent and cooperating
• Get input from therapists, teachers, and doctors
• Work with an attorney to build your arguments

Temporary Custody During Divorce

While your divorce is pending, the court can issue temporary custody orders. Full custody might be appropriate during this temporary period, especially if there has been recent domestic violence or child abuse. 

Learn More About Full Custody and It Is the Right Fit in Your Maryland Divorce

The court will carefully consider any request for full custody. Taking away another parent’s rights is a very serious thing, but it might be appropriate. A discussion with your attorney can help you better understand your situation and how the law may apply. Our team at RPM Law is highly experienced in child custody issues. Contact us today for a consultation.