Is Maryland Considered a Mother State?

The term “mother state” refers to the outdated maternal preference doctrine, which historically led courts to favor mothers over fathers in child custody cases. This doctrine was officially abolished in Maryland in 1974 due to its discriminatory nature, as it allowed mothers to be awarded custody solely based on their gender. In general, the determination of child custody is based on the court’s assessment of the child’s best interests. This involves considering which parent is most likely to prioritize the child’s welfare and make appropriate preparations for their future adult life. 

Child Custody Determinations in Maryland

Child custody laws in Maryland do not automatically determine who will gain custody of the children following a divorce. Instead, the primary consideration in deciding custody is the best interest of the child. 

What Is Considered in the Best Interest of a Child

Courts consistently emphasize that the child’s best interest is the primary standard that governs custody cases. This means that the main focus of any custody decision should be the well-being and welfare of the child involved. In these cases, it is important for both mothers and fathers to refrain from approaching custody in terms of their own rights, as this perspective can lead to flawed analysis and decision-making. It is also important to remember that each custody case is unique and has its own circumstances. 

While there is no specific formula to predict the outcome of a custody case, several set out the factors a court considers in determining the child’s best interest. These factors often include:

• The fitness of the parents 
• The child’s age
• The mental and physical health of the parents
• Any history of abuse or neglect
• The child’s relationship with each parent
• The stability of each parent’s home environment
• The desire of the parents to have custody
• The reputation and character of each parent
• How the child interacts with others living in the parent’s home
• The financial support of each parent
• The availability of each parent
• The parent’s employment demands
• The willingness of the parties to share custody 
• The child’s preference, if of suitable age and discretion
• The geographic proximity of the parties’ residences
• Any disruptions to the child’s school and social life
• The sincerity of the parents in their requests  

It is also important to note that the list of factors provided is not comprehensive. The court will strive to be as thorough as possible while considering a detailed approach in reaching a final decision. For these reasons, many parents work with an experienced Maryland family law attorney regarding custody issues so they can have help articulating their particular circumstances and demonstrating how they uniquely qualify for custody of their children.

Why May a Mother Receive Custody in Maryland?

In Maryland, there are specific circumstances in which mothers may be granted custody. The first situation arises when the mother is unmarried, and paternity must be determined. However, once paternity is established, the father can petition for custody. The second situation occurs when the father fails to comply with court-ordered custody, especially in the absence of any other guardian petitions.

Unfortunately, many fathers often misunderstand their custody rights, and as a result, they may not take the necessary steps to fight for custody of their children. That is why it is important for fathers to know that legally, they have an equal chance of winning custody as the mother.  

If you are unsure about your rights, working with an experienced family law lawyer can help you understand your options when it comes to custody. It may even significantly increase the likelihood of achieving the most favorable outcome for seeking custody of your children, whether you are a mother or a father.

To Learn More About Custody in Maryland, Contact Rice Law Today 

To learn more about custody issues in Maryland or to discuss your specific case in more detail, contact Rice Law today and speak with our dedicated and skilled family law attorneys.