In complex custody cases, many fathers get lost in the legalities of custody, support, and visitation. They continue to face challenges following the court process and upholding their rights while reaching a resolution that is in the best interests of their child(ren).
Without a nuanced understanding of their legal rights and responsibilities, fathers can lose their ability to actively participate in their child’s life. This brief guide outlines some important terminology and simple strategies to help fathers cope with the complexities of custody cases, assert their rights, and defend the outcome that is best for their children.
Key Terms and Forms in Maryland Complex Custody Cases
The first thing fathers should do to prepare for a complex custody case is to familiarize themselves with relevant terms. Here are some of the most important concepts that fathers need to know:
- Legal Custody: Legal custody is the authority to make decisions for the child concerning their education, livelihood, health, and welfare.
- Physical Custody: As opposed to legal custody, physical custody refers to the right to house the child as well as visit the child, including the length of time allowed.
- Custody Evaluation: The custody evaluation is conducted by an evaluator, usually a licensed psychologist, to determine the best custody plan for the child. Their interviews include not only the parents but also the children, family members, co-workers, or neighbors in an attempt to determine the parents’ psychological fitness.
- Complaint for Custody: Complaint for Custody, also known as Form CC-DR-004, is what fathers must file to the circuit court nearest them (or nearest the child) to request custody of their child. Make at least three copies of this form for yourself, the child’s other parent, and the court.
- Counter-Complaint for Custody: This is the sister form to the Complaint for Custody. Form CC-DR-095 may be filed if you have been served a Complaint for Custody but want to amend the arrangements. Alternatively, you can file Form CC-DR-050 to answer the Complaint for Custody without amendments.
- Service of Process: According to the service of process, the parent filing for custody cannot deliver the Complaint for Custody themselves. A representative must do it for them.
- Parenting Plan: A court-required document outlining how the parents will raise the child, including how major decisions will be made (in other words, who will have legal custody) and the terms of visitation.
- Joint Statement: This form (CC-DR-110) must be filed if the child’s parents cannot agree on a parenting plan.
Understand the Custody Hearing Process
The terminology, form recall numbers, and court processes can be overwhelming as fathers prepare for a custody case. Consider these steps as a way to strategically assert your rights and fight for your child’s future in the Maryland court system:
1. Gather Documentation
Official documents such as police reports, mental health reports, medical records, school records, and your own records can all play a valuable role in the child custody case. Before scheduling the initial conference, these documents must be filed with the relevant court unless the court issues an Order of Default before the hearing.
2. Initiate the Hearing Process
The first step of the process is to file a complaint with the court, after which you will receive a notice setting the first date in the custody process. At this initial or scheduling conference, the court will review applicable settlement programs, schedule hearings, and set the timeline for the case. The court will introduce services designed to help reach a settlement, protect the child during the proceedings, or gather necessary information for the court’s records.
3. Mediation
Before the custody case goes to a full hearing, courts often recommend mediation services to parents. These services, also known as alternative dispute resolution (ADR), could prevent the need for a lengthy custody hearing by resolving issues through a mediator. The court may grant time for the parents to explore these options, postponing further hearings until the results have been collected.
4. Discovery
The discovery deadline will be determined at the initial conference. The discovery involves sharing written information, including requesting documents, testimonies, and depositions from the other parent’s legal team. The discovery process follows strict guidelines that an accredited custody lawyer can walk you through.
5. Custody Hearing
Once the case reaches its hearing date, the custody hearing will proceed through four steps, which parents should prepare for before their date arrives.
- Opening Statements: These statements by both teams will communicate their key arguments in the case. Your attorney may include the elements and statutes that will be used to support your petition.
- Witness Testimony: During the hearing, both legal teams may call witnesses to provide relevant evidence testifying to the guardianship of either parent. Witnesses in custody hearing cases often include neighbors, appointed guardians, teachers, and family members.
- Cross-examination: During this step, each party will question the other team’s witnesses to elaborate on the evidence they presented.
- Closing Arguments: Finally, each team will summarize their position and explain to the court why their position is in the child’s best interest.
6. Final Decision
Based on the proceedings, the judge will make a ruling based on the child’s best interests according to the evidence and arguments presented at the hearing.
The Reality of Custody Case Timelines
Custody courts are often crowded with cases. Additionally, delaying the custody process and thus delaying its resolution can force children to spend their developing years without a clear understanding of their parents’ responsibilities. An attorney is a valuable resource in streamlining the process to avoid delays that negatively impact your child.
Speak in-depth with an attorney experienced in Maryland custody cases. This can be the best way to protect both your rights and your child’s best interests.
Trust an Experienced Attorney to Handle Your Complex Custody Cases in Maryland
At Milstein Siegel, our experienced attorneys have strategically assisted parents in the Maryland area with complex custody cases for over 30 years. We understand the uphill battles facing fathers as they attempt to assert their rights and fulfill their legal responsibilities. Our attorneys not only address complicated legalities but also provide guidance on personal obstacles that can damage representation in court.
Our team is devoted to fighting for your rights and finding creative solutions to the wide range of issues related to child custody hearings. Contact us today to learn how we use our expertise in Maryland custody law to help our clients reach the best possible outcome for their situation and for their children.
