Does Domestic Violence Affect Child Custody in Maryland?

Domestic abuse is a widespread problem that can significantly affect families in Maryland. The consequences of this abuse are especially severe during divorce and child custody cases, where claims of abusive behavior can significantly influence the legal process and its results. In the blog below, we will review in greater detail the impact of domestic violence on child custody cases and also explain your rights if you or your children are in this situation. 

How Is Domestic Violence Defined in Maryland?

In Maryland, “domestic violence” refers to actions that either result in serious bodily injury or create a legitimate fear of imminent harm. This includes various behaviors such as physical assault, threats, stalking, and emotional abuse. Individuals convicted of domestic violence may face serious legal consequences, including imprisonment, substantial fines, and protective orders aimed at safeguarding victims from further harm. 

Additionally, Maryland has recently made significant changes regarding divorce grounds, with domestic violence no longer considered a separate legal basis for divorce and instead falling under the overarching term of irreconcilable differences. However, this change does not lessen the gravity of domestic violence, as it remains an important factor when courts evaluate issues like child custody, access, alimony, or asset distribution. In child custody determinations, the courts must prioritize the safety and welfare of children in these situations.

Determining What Is in the Best Interest of the Child

Maryland courts use the “best interests of the child” standard in child custody cases to guide their decision-making processes. This standard requires the court to thoroughly evaluate various factors contributing to the child’s overall welfare. The goal is to determine the living situation and custody arrangement that best supports the child’s physical, mental, and emotional health. There are many factors that the court must consider, but a few include:

• The child’s age and developmental needs
• The child’s relationship with the parents
• Each parent’s ability to care for the child
• The stability of each parent’s home environment 
• The child’s wishes, depending on the age
• Each parent’s fitness, character, and reputation
• Any abuse or neglect, specifically the court will closely examine any allegations or evidence of abuse, neglect, or domestic violence in either parent’s background, as this can significantly impact the child’s safety and overall welfare.

How Does Domestic Violence Impact Child Custody Arrangements

If there is evidence or allegations of abusive behavior, the courts may impose several measures to protect the child. For instance, these measures can include arrangements for supervised visitation, where the non-custodial parent can only see the child in the presence of a third party to ensure safety. Or, in more severe cases, the court may decide to deny joint custody altogether, which would restrict the abusive parent’s legal rights concerning decision-making for the child. 

In addition, the issuance of protective orders may also be pursued to safeguard the child from potential harm posed by the abusive parent. These protective orders can establish boundaries, prevent contact, and specify terms prioritizing the child’s safety and emotional well-being. Overall, the courts aim to create an environment that fosters the child’s stability and protection in situations involving domestic abuse. 

To Learn More About Your Rights When It Comes To Child Custody, Contact Rice Law Today

If you are a survivor of domestic violence in Maryland and are dealing with a child custody issue, contact an experienced family law attorney at Rice Law today. Our legal team is here to discuss your legal options and answer any questions you may have about the situation.