Child custody and child access are two very important issues that arise in divorce proceedings or family law cases.
Both parents want to be involved in the lives of their children as much as possible, but that may be difficult once the parties have separated or divorced.
The case which defines the different forms of custody is Taylor vs. Taylor.
Taylor defines the difference between legal custody and physical custody.
Legal child custody involves the decision-making process for long range matters such as health care, education, religious upbringing and other issue of a similar nature. These decisions will be made jointly, unless the court orders or the parties agree to sole legal custody.
Physical custody or child access involves where the children spend their time.
Taylor not only defines legal and physical custody, but also sets forth guidelines for the court to consider when custody of children is an issue. Those guidelines include:
- The ability of the parents to communicate with each other
- The ability of the parents to reach joint decisions
- The benefit to the children
- The willingness of each parent to share legal custody and/or physical custody
- The fitness of each parent
- The geographical location of the parties to each other and other considerations.
The ultimate test in all custody cases is what is in the best interests of the child or children. The application of this test to the facts of each individual case is often difficult.
There are many important ways of presenting the necessary testimony to the court in the child custody or child access cases. Preparation is the key and preparation is what we excel at.
For more information about child custody or family law, please feel free to contact our law firm or schedule a free consultation with E. David Silverberg, Attorney at Law.
E. David Silverberg is an experienced lawyer specializing in domestic and family law in Maryland. His areas of expertise include, but are not limited to: divorce law, child custody law, child support law, alimony law, and property division law. His legal practice is located in Towson, Maryland, however he serves residents in Baltimore County, Carroll County, Harford County, Anne Arundel County, and Howard County.
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Areas of Practice | Divorce | Child Custody | Child Support | Alimony | Property Division