Child Custody & Visitation
Brian Sadur and Donny Knepper are experienced Maryland family law attorneys who can guide you through the child custody and child visitation process. The Court’s decision will always be based upon what is in the best interests of the children. While it may seem apparent what is in the best interest of the children, it is the job of the parents and the attorneys to inform and persuade the judge.
The Court’s decision will always be based upon what is in the best interests of the children.
Brian and Donny use several tools and techniques to help their clients prove their case. While the client’s testimony is usually the most important evidence, it is rarely enough. You need to have documents, records and witnesses to fully inform the judge. Family cases are controlled by the Rules of Civil Procedure, including the Rules of Evidence. You need to have an experienced attorney who not only knows the rules, but who also knows how to use them to your advantage.
Legal Custody vs. Physical Custody
Elements of Legal Custody
Decision-making control over major issues:
Education | Medical care | Religious upbringing
Joint legal custody:
- Provides each parent with equal decision-making authority
- Compels the parents to consult with each other prior to any major decision being made.
- Appropriate in cases where the parents are able to communicate openly and without hostility.
Legal custody refers to decision-making control over the major issues concerning the children, including education, medical care and religious upbringing. Joint legal custody provides each parent with equal decision-making authority and compels the parents to consult with each other prior to any major decision being made. Joint legal custody is appropriate in cases where the parents are able to communicate openly and without hostility.
It is always in the best interests of the children for their parents to be able to communicate. In order to effectively co-parent, it is necessary for the parents to respect each other or, at the very least, to be cordial with each other. This is sometimes easier said than done, especially in the weeks and months following the initial separation or break up. Brian and Donny tend to counsel their clients to keep the lines of communication open and to not be the source of any obvious animosity.
Physical custody is the time each parent spends with the child. As a practical matter, under Maryland law, there is no real difference between the terms “physical custody” and “visitation.” When you are with your children, you have physical custody of them. There is no difference between the rights and obligations of a parent having temporary custody of a child pursuant to an order of shared physical custody, and one having temporary custody pursuant to an award of visitation.
The court generally begins with the general proposition that it is in the best interests of the children that they spend time with each of their parents. The question in every case is how much time and how often. Each case is unique and deserves thoughtful consideration. Brian and Donny are very helpful in developing solutions. If you are contemplating a child custody/visitation case, or if you a case has already started, you should contact Briand and Donny to see what they can do for you.
Elements of Physical Custody
- Physical custody is the time each parent spends with the child.
- Under Maryland law, there is no real difference between the terms “physical custody” and “visitation.”
- When you are with your children, you have physical custody of them.
- No practical difference in obligations of a parent having custody pursuant to an order of shared physical custody vs. an award of visitation.