Maryland Child Custody FAQ

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Frequently Asked Questions About Child Custody

Here at Alan L. Billian, P.A. we have over 25 years of experience in child custody law, and through the years we’ve fielded a wide variety of questions. Here is a collection of some of the more frequently asked questions about child custody.

Who Gets Custody of the Children?

Typically, the courts will rule in favor of what is in the best interest for your children. Many factors come into play to determine this including the child’s preference (depending on the age), any history of abuse, who the primary caregiver is, the parent’s wishes and ability to cooperate, each parent’s ability to provide for the child, and many more factors.

What is the Difference Between Legal and Physical Custody?

The main difference between legal and physical custody is that physical custody pertains to where the child will live whereas legal custody pertains to which parent(s) can make legal decision on behalf of the child. Here’s more on the types of child custody in Maryland.

Does the Mom Always Get Custody of the Kids?

We hear this question a lot lately, and the answer is more and more a resounding no. Moms are not awarded child custody as a default, and in the courts there is no longer weight given to who the mother is. The main deciding factor is who is the primary caregiver and what is in the best interest of the children. Here’s more on whether or not mom’s always win child custody battles.

What Happens with Child Custody in Unmarried Couples?

When courts are handing an unmarried couple’s child custody case they handle it in many ways as if the couple were married. Here’s more on handling child custody when unmarried in Maryland.

Can I Modify My Child Custody Agreements?

Yes, you can. Child custody can be changed, but usually the idea will be that if it isn’t broken then there’s no need to fix it. There usually needs to be a reason or change in order to modify child custody agreements as the preference is for stability for the children.

Who Pays Child Support?

In a situation when primary physical custody is awarded to one of the parents, the other (non-custodial) parent will be paying child support.

How is Child Support Calculated in Maryland?

In Maryland, child support is calculated to determine how much each parent would spend on a child if they didn’t separate. However there are many different addition factors which go into the decision. Because this is such an exhaustive topic, we have a separate page dedicated to how child support is calculated in Maryland.

Can Child Support be Modified?

Yes, child support can be modified in Maryland. Typically, there needs to be a change in circumstances for either the child or the parent who is paying child support. Here’s more on can child support be modified in Maryland?

What Happens if Spouse Doesn’t Pay Child Support?

If the spouse paying for child support stops making payments, there are a few different consequences includes a lien placed on the non-paying spouse’s property, criminal warrant, civil warrants, license suspension, bank account seizures, and more.

Get Legal Advice

Even in seemingly straightforward divorce cases, determination of child support can become a source of stress and tension between you and your spouse. And filling out all the associated paperwork is not exactly a walk in the park either. As Owings Mills, Maryland child support attorneys, we help our clients simplify this process and arrive at a fair agreement. We also represent clients in paternity cases, same-sex marriage cases and many other situations where the financial responsibilities of either party may not be clear.

Call us or request a free 30-minute consultation to get your Maryland child support questions answered.

Maryland Child Custody FAQ

“Mr. Billian represented my son in an EXTREMELY difficult divorce and custody case a few years ago. We were more than pleased with his knowledge, professionalism, and expertise in handling my son's case. His conduct in the courtroom was beyond reproach. We were thrilled, not only with the result, but with Mr. Billian's expert representation. My family and I highly recommend Mr. Billian!”

-Cindy Williams


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