How do I get custody of my children?
FAQs About Custody of Children
Custody is the hardest, most painful part of any separation or divorce. Remember, children don’t “win” in a custody fight. They are not “marital property” like a bank account to be put in one column or another. Responsible parents try to shield and protect their children from the anger and emotion of the divorce process. Responsible parents do not try to recruit their children as allies to their cause.
What does “custody” mean in court?
There are two kinds of custody: “legal custody” and “residential custody.” Legal custody means which parent makes the decisions involving the child’s health, education and general welfare–the important things in a child’s life, not which jacket he’ll wear to school today but which school he’ll attend. Residential custody means where will the child sleep and how often? The legal standard that governs the determination of custody in both D.C. and Maryland is what is in the “best interest” of the children. In fact, in the District of Columbia there is a statutory presumption (a written law) in favor of joint “legal custody.” In Maryland, most judges strongly prefer joint legal custody except in situations where the high conflict between the parents will make joint decision-making impossible or very difficult and stressful for the children.
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