Fathers in Maryland are often presented with significant challenges when pursuing equal parenting time during custody battles. Despite decades of progress in family law, many fathers still encounter outdated assumptions that favor mothers as primary caregivers. Knowing your rights, the legal procedures, and the strategy for constructing a solid case is essential for obtaining valuable time with your children.
Family law in Maryland has evolved considerably, with courts now focusing on what truly serves the best interests of the children rather than outdated gender stereotypes. Nonetheless, fathers must continue to put in steady effort to show their parenting skills and dedication to the well-being of their children.
This article outlines how fathers can fight for equal parenting time after a divorce.
Maryland’s Approach to Child Custody
Maryland family courts are guided by the principle that children thrive when both parents play an active role in their upbringing. Although state law does not grant preference to either parent based on gender, practical outcomes may not always reflect this standard.
Courts in Maryland acknowledge two separate categories of custody arrangements:
- Legal custody pertains to the authority to make significant choices regarding a child’s education, health care, religious upbringing, and overall well-being.
- Physical custody determines where children live and how they spend their time between parents.
Understanding this distinction helps fathers advocate more effectively for the best possible arrangement for the scenario.
The Maryland Court of Appeals has determined that in custody proceedings, both parents have equal legal rights from the beginning. This means fathers have the same fundamental rights as mothers when seeking custody or parenting time. However, establishing equal treatment in practice requires strategic preparation and strong legal representation.
The Best Interests Standard in Maryland
Courts in Maryland use the “best interests of the child” standard when making custody decisions. This complete evaluation considers multiple factors that directly impact the physical, emotional, and developmental needs of the children.
- Physical and emotional safety ranks as the primary concern in any custody evaluation. Courts assess the capacity of each parent to offer a secure and supportive environment that is free from danger or neglect. This includes evaluating living conditions, financial stability, and the presence of any risk factors that might endanger the well-being of children.
- Quality of the parent-child relationship is a major factor in custody decisions. Maryland courts evaluate the emotional bond between each parent and child, considering factors such as time spent together, quality of interactions, and the parent’s involvement in daily activities and important milestones.
- Willingness of parents to encourage each child’s relationship with the other parent plays an essential role in custody determinations. Courts favor parents who demonstrate their commitment to co-parenting and maintaining healthy family dynamics, even after separation or divorce.
Common Challenges for Fathers
Despite legal protections, fathers often encounter specific obstacles when pursuing equal parenting time. Unconscious bias from traditional gender roles can make it more difficult for fathers to be seen as primary caregivers in legal cases.
Many custody evaluations focus heavily on historical caregiving patterns. If mothers previously handled most childcare responsibilities during the marriage, fathers may find themselves fighting against established patterns when seeking expanded parenting time.
Work schedules can present particular difficulties for fathers seeking equal parenting time. Successfully addressing this challenge involves demonstrating flexibility and creating detailed plans for childcare during working hours.
Building Your Case for Equal Parenting Time
Documenting your parenting involvement provides the foundation for a successful custody case. Keep detailed records of time spent with your children, participation in school activities, medical appointments, and extracurricular events. This documentation helps demonstrate your active role in the lives of your children.
Create a thorough parenting plan that addresses the daily needs and routines of your children. Include specifics about school transportation, homework supervision, meal preparation, bedtime routines, and weekend activities. A detailed plan shows courts that you understand the practical aspects of parenting and can provide stability.
Character references from educators, coaches, neighbors, and family friends can greatly enhance your case. These individuals can testify to your parenting abilities, relationship with your children, and commitment to their well-being. Choose references who have observed your interactions with your children regularly.
Working with Professionals
Child custody evaluations may be necessary in contested cases. These thorough assessments involve mental health professionals who evaluate both parents and make recommendations to the court. Prepare thoroughly for these evaluations by maintaining consistent parenting routines and demonstrating your commitment to the best interests of your children.
Trust Milstein Siegel to Fight for Your Parental Rights
Fighting for equal parenting time requires dedication, preparation, and professional guidance. Maryland fathers have legal rights to meaningful relationships with their children, but exercising these rights effectively requires strategic action and experienced representation.
If you are ready to fight for equal parenting time with your children, contact Milstein Siegel today to discuss your situation with experienced Maryland family law attorneys. Our team understands the challenges fathers are presented with in custody battles and has the experience necessary to protect your parental rights.
Call us at (443) 230-4674 or go online to schedule your consultation and take the first step toward securing the relationship you deserve with your children.