Circumstances When You Should File for Sole Custody in Maryland

by | Jul 8, 2024 | Lawyers and Attorneys

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If you have kids, one of the most challenging aspects of divorcing will be navigating who gets custody and for how much. Sole custody in Maryland means that only one parent gets full legal responsibility over the child and their well-being.

Receiving sole custody often means proving that the other parent is unable, unfit, or unwilling to have responsibility over their kid, and requires extensive proof. Here are a few circumstances in which sole custody is a viable option.

The Other Parent Has Waived Their Parental Rights

Some parents do not want to have the responsibility of being parents. Sole custody in Maryland is awarded when one parent waives their custody rights. They can still visit their child and have contact with them, but waive the right to take part in decisions over the child, such as health changes, international travel, and where they will live.

Only One Parent Can Provide Physical Custody

For some parents, a regular physical custody agreement, where the child spends one week or weekend at one parent’s house and the next at another, is not possible. If one spouse moves away, travels frequently for work, or doesn’t have a stable residence, the court may decide to award sole custody in Maryland to the parent that can provide a stable, long-term home.

One Parent Is Found Unfit

Sometimes, the court will award sole custody if one parent is found unfit to have parental responsibilities, whether due to a criminal record, history of abuse, or substance issues. This circumstance usually requires extensive proof.

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