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Towson Child Custody Lawyer | Physical Custody.


Amar S. Weisman is a top Family Law Attorney that only practices family law and only in Circuit Court Baltimore County and the surrounding jurisdictions. Mr. Weisman is a graduate of Georgetown University &the University of Baltimore Peter Angelos School of Law with 13 years of Family Law experience representing more than 600 clients with the following distinctions: 

Top 21 Divorce and Family Lawyers in Baltimore  

Most Custody Cases Are About Physical Custody

All child custody matters that involve the allocation of parenting time are physical custody cases. 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. Every parent who is awarded parenting time is awarded physical custody. 

"Sole Physical Custody" Does Not Exist 

There is no such thing as "sole physical custody" under the law--never use that term. In any given year, there might be a thousand physical custody decisions and 1 legal custody decision, if that. 

The Primary Residential Custodian

The primary residential parent who is the parent that has the minor child for the majority of the year (183 days or more).Unless there is a perfect 50-50 split, there is going to be a primary residential custodian.

The Court Is Not Rigged In Favor of Men Or Women

According to the Annie Casey Foundation, the majority of primary residential parents are mothers. Be that as it may, the law does not have a gender preference and there is no judge sitting in the Circuit Court for Baltimore County who awards children to one parent or another based on gender. People lose physical custody because they do not listen to their lawyers, but they never win or lose because they are a man or a woman. 

Shared Custody Was Recently Redefined 

 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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Additional Helpful Physical Custody Resources