The Three Most Common Maryland Child Custody Arrangements
Child custody is often the most difficult issue in a divorce. Parents want to remain in their children’s lives, but they may have different ideas about what is best. Maryland law provides several options for custody arrangements, both for decision-making authority (legal custody) and parenting time (visitation). Although parents are highly encouraged to create a parenting plan on their own, when this is not possible, courts make custody decisions based on what will best serve the child’s welfare.
As of August 2025, Maryland family law continues to follow Md. Code, Family Law § 5-203, which states the rebuttable presumption that both parents are the "joint natural guardians" of their child. This law also gives the court authority to make custody determinations in the best interests of the child, considering factors such as parental fitness, stability of each home, and the child’s adjustment to school and community.
Understanding the three most common custody arrangements in Maryland can help parents prepare for discussions, negotiations, and, if necessary, litigation. Whatever your situation may be, our Talbot County, MD child custody lawyers are here to help.
Three Most Common Child Custody Arrangements in Maryland
Sole Custody
In limited cases, the court awards one parent sole custody. This can mean sole legal custody, sole physical custody, or both. Legal custody refers to decision-making power over major issues such as education, health care, and religious upbringing. Physical custody refers to where the child lives.
A sole custody arrangement may be appropriate if one parent is unavailable, unwilling, or unfit to make decisions or provide consistent care. Courts may also award sole custody if parents cannot cooperate enough to share responsibilities. Even in sole custody cases, the non-custodial parent is typically granted visitation unless it would endanger the child.
Joint Legal Custody
Joint legal custody is very common in Maryland. In this arrangement, both parents share the responsibility of making important decisions for the child. Parents do not have to agree on every detail of daily life, but they must work together when they need to make important choices for the child.
The court may order joint legal custody if both parents show that they can communicate and put the child’s needs above the parents’ differences. This arrangement allows children to benefit from the guidance of both parents, even if they primarily live with one.
Shared Physical Custody
Maryland law defines shared physical custody as an arrangement where the child spends at least 35 percent of overnight stays with each parent during the year. This can take many forms, including week-on, week-off schedules, alternating weekends plus extended summer visitation, or other customized arrangements.
Shared custody requires careful planning and flexibility. Courts will consider how far away the parents live from each other, the parents’ work schedules, and the child’s school and activity commitments. While it may be challenging, shared custody can give children a strong sense of stability and equal access to both parents.
Basic Guidance for Maryland Parents Going Through Divorce
Choosing the right custody arrangement depends on each family’s unique circumstances. Judges in Maryland always apply the "best interests of the child" standard, which includes factors such as:
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The child’s age and preferences (if mature enough to express them)
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The character and capabilities of each parent
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The homes’ stability and distance to the child’s school and activities
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The willingness of each parent to support the child’s relationship with the other parent
Because custody cases are so fact-driven, having experienced legal guidance is essential for making a favorable argument about your parenting.
Contact a Talbot County, MD Divorce Lawyer
At our firm, clients receive focused, supportive, and personalized attention. Our attorneys are true counselors of the law, handling the full range of family matters. Attorney Zide has been involved in teaching on legal panels, reflecting her commitment to both her clients and the community, and our team has many decades of combined experience.
If you are facing custody questions, call 410-760-9433 today to speak with a Crofton, MD child custody attorney at Zide Law Group, LLC. With strong litigation and analytical skills, we can help you navigate custody disputes and pursue the arrangement that best supports your child’s future.