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Towson Child Custody Lawyer | Physical Custody.

Physical Custody Is At the Heart of Most Child Custody Disputes

If your Child Custody dispute involves allocating time between your household and the other parent, then you have a physical custody issue. At the Law Offices of Amar S. Weisman, we have handled hundreds of cases in the Circuit Court for Baltimore County where physical custody is negotiated (and reduced to written form by way of an agreement, i.e. parenting plan) or decided by a judge or magistrate following an evidentiary hearing. Whether physical custody is determined by a magistrate or judge may depend on the length of trial requested at the settlement conference.

The Definition of Physical Custody Under Maryland Law

  • Physical Custody is the right and obligation to make a home for the child and to care for the child on a day-to-day basis. In terms of overnight visitation, there is basically "Shared Custody" or "Not Shared Custody."
  • Shared Custody was recently redefined effective October 1, 2020 to include all custody orders awarding both parents more than 25^ of the parenting time, which is different than the old requirement 35%. Shared physical custody allows children to enjoy meaningful relationships with both parents. On the other hand, shared custody schedules may create confusion and instability. Whether shared physical custody is awarded in a family law matter depends on the best interests of the minor child and is not analyzed as both parents having the automatic right to equal time. It is very difficult, but not impossible, to implement shared custody in matters where there is a significant distance between the residences of the parties.

The Great Importance of the Primary Residential Custodian

The Primary Custodian is the parent who has the child more than 50% of the time.The primary custodian may claim the Child Exemption on federal income tax returns unless the Primary Custodian completes and signs an IRS 8332 Release of Claim To Exemption for Child by a Custodial Parent. The primary residential custodian may be essential for the selection of a school district. Many parents may negotiate physical custody to allow the minor child to attend a better school. According to recent statistics, the best elementary schools in Baltimore County include West Towson Elementary School, Pinewood Elementary School, For Garrison Elementary School and Riderwood Elementary School. The best Middle Schools include Ridgely Middle School, Dumbarton Middle School in Rodger's Forge. Hereford Middle School. The best middle schools include The best high schools include the Hereford High School, Dulaney High School, and the George W. Carver School for the Arts & Technology and Towson High School.

Examples of [Physical Custody] Visitation Access Schedules

Amar S. Weisman has worked to create innovative visitation schedules that serve the best interest of the minor child. The firm has many resources including Thomson Reuters Westlaw, Family Law Software and CustodyXChange, which is software that allows attorneys to prepare detailed visitation schedules with calendars, graphs breaking down parenting time, and schedules calendared to match the schedule of the local school district and which factor the distance between the parties. Visitation schedules provide access to the non-custodial parent and usually include special provisions for summers and holidays.

Visitation Schedule #1-One Parent Has Primary Custody

  • Every other weekend from Friday until Sunday.
  • Non-overnight Wednesday dinner visit.
  • Alternating holiday visitation on Easter, Thanksgiving, and Christmas.
  • Each parent has two weeks of uninterrupted visitation during the summer.

Visitation Schedule #2-Shared Physical Custody.

  • Every other weekend from Friday until Monday, from when school lets out until school resumes on Monday.
  • Wednesday overnight visitation from when school lets out until when school resumes.
  • Alternating holiday visitation on Easter, Thanksgiving, and Christmas.
  • Week On/Week Off visitation during the summer.

Visitation Schedule #3- 50/50 Access Schedule.

  • Parties alternate having the child/children on a "week on"/"week off" basis.
  • School year and summer is the same, except customarily the child sometimes has 1-2 weeks of uninterrupted access with each parent. Whether uninterrupted access is appropriate depends on what the child will actually do during this time period.
  • The uninterrupted summer access allows each parent to take the minor child or children on trips.
  • Problems arise when one the parent with uninterrupted access does not do anything with the child/children.
  • The language where each parent selects the summer access should be inserted carefully in a manner that does not allow both parents to designate the same week which accomplishes nothing.
  • Alternating holiday visitation on Easter, Thanksgiving, and Christmas.

Call 410-321-4994 To Meet With Towson Child Custody & Family Law Lawyer Amar S. Weisman.

  • Please Call (410) 321-4994 during business hours to schedule a free consultation for the purpose of deciding whether you want to retain Amar S. Weisman. The firm does not accept pro bono clients at this time.
  • To retain legal services and advice, you must pay a retainer, See Policy on Fees/Costs.
  • The law firm is located in the heart of Towson near The Circuit Court For Baltimore County, Towson Town Center, Goucher College &Towson University, at 1018 Dulaney Valley Road (MD-146), Second Floor Towson, MD 21204.
  • We represent clients throughout the Baltimore area including Aberdeen, Abingdon, Baldwin, Bel Air, Bowleys Quarters, Brooklandville, Carney, Catonsville, Cockeysville, Cromwell Valley, Edgewood, Essex, Garrison, Glen Arm, Greenspring Valley, Homeland, Hunt Valley, Hydes, Inner Harbor, the Joppa Road Corridor, Kingsville, Long Green, Lutherville, Middle River, Nottingham, Owings Mills, Parkville, Pikesville, Perry Hall, Reisterstown, Riderwood, Rodgers Forge, Rosedale, Ruxton, Sparks-Glencoe, Sparrows Point, Stoneleigh, Timonium, Towson, West Towson, White Hall, White Marsh, Woodcroft, and the York Road corridor. We have also represented a number of out-of-state clients. The law firm does not guarantee the results in any matter.

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