The Fundamental Issues

• Jurisdiction: Maryland

I. THE FUNDAMENTAL ISSUES

A. Generic Concerns

Maryland Code Annotated, Family Law § 5-203(b) (2019 & Supp. 2022) (hereinafter Fam. Law § ___) provides the parents of a minor child "are jointly and severally responsible for the child's support, care, nurture, welfare, and education; and have the same powers and duties in relation to the child."¹

The resolution of every child custody case requires consideration of two generic issues: (1) where and when will the child spend time with each parent, and under what conditions, restrictions, or limitations if any; and (2) aside from the day to day decisions each parent makes when the child is with him or her, who has the authority to make decisions which affect the child's welfare, such as medical care, education, and religious training? How these generic questions are resolved in each case depends ultimately upon someone's view of the "best interests of the child."² If the parents are unable to resolve their disagreement, the court will decide. Before resorting to traditional labels, and the emotions they elicit, it is helpful to articulate these two generic issues to give a clearer focus to the meaning of a child's "best interests." By maintaining a clearer focus, all who are involved in the process can better try and devise the unique pattern of timesharing and decision-making which might make the most sense for the child involved.

Viewed from this broader perspective, the distinction between the terms "legal," "physical," "sole," "split," "shared," "parallel," or "joint" custody are less emotionally laden. They all loosely describe alternative variations of the same complex series of relationships within the divorced family.

The term "custody" includes both "legal" and "physical" custody.³ Certain common terminology has developed to...