Child Time Allocation and Parental Responsibility in Maryland Divorce

In the context of Maryland family law, instead of using the term 'custody,' issues concerning child allocation after a divorce are referred to as 'parenting time.' Parenting time denotes the period that each parent spends with the minor child(ren).

Maryland law stipulates that minor children should have regular and continuing contact with both parents after a divorce, promoting shared responsibility and rights in their upbringing. The court, irrespective of the child's age or gender, treats both parents equally in determining parental responsibility and parenting time. Parenting time essentially accounts for the number of nights the child stays with each parent. The concept of 'custody' isn't recognized in Maryland. A Parenting Plan, detailing time spent with each parent during holidays, school breaks, summertime, and regular weekdays and weekends, is implemented to address parenting time. Depending on the ability of parents to cooperate and be flexible, the Parenting Plan can range from very generic to highly detailed. If parents fail to agree on a Parenting Plan, the court applies 'the best-interests-of-the-child standard' to resolve parental issues and devise the Parenting Plan.

Parenting time and parental responsibility are distinct issues in Maryland. Parental responsibility refers to each parent's right to make significant decisions concerning the minor child(ren), such as education, healthcare, and religious upbringing. Every divorce in Maryland requires these issues to be addressed in a Parenting Plan that is filed and accepted by the Maryland courts. The courts approve the Parenting Plan based on what is 'in the best interests of the child(ren).'.

All parents, whether they exercise majority parenting time and parental responsibility or not, have a duty to support their child by providing food, shelter, clothing, education, and medical/dental care.

Residency Restriction

Although the court may grant equal parenting time to both parents, one parent must be appointed as the primary residence of the child(ren) for school zoning purposes and 'custody' considerations in other states. According to Maryland law, parents cannot relocate outside of a 50-mile radius without the other parent and/or the court's consent. However, within the 50-mile radius, parents can freely relocate with the minor child(ren) without prior approval.

Parenting Time

The court primarily focuses on what is in the best interest of the child when determining a parent's parenting time schedule.

Parenting time arrangements can vary based on the children's and parents' circumstances and the distance between their homes. However, in most cases, the court will order a parenting time schedule based on the Parenting Plan agreed upon by both parties.

The Parenting Plan is designed to accommodate the specific needs of each situation, including weekends, holidays, and school breaks. This detailed plan is incorporated into the Final Judgement for Dissolution of Marriage. Maryland law encourages regular contact between children and their parents and urges parents to work together for the best interest of the child. Therefore, Parenting Plans are often drafted to allow flexibility to adjust their schedule as needed to accommodate a child's schedule for extracurricular activities. The key takeaway is that both parents must work together to formulate a schedule that serves the best interest of each child.