Child Custody and Visitation
Child custody issues can arise as part of a divorce proceeding or as an independent child custody proceeding. Child custody is often one of the most contested issues which arise in the context of divorce.
In addition to the emotion attached to child custody matters, there are often complicating factors such as substance abuse, domestic violence, interpersonal violence, mental health concerns, and the outside influence of others.
Our team brings extensive experience in negotiating and litigating child custody disputes, whether representing a parent or a third party.
For over a decade, Monica Scherer has been frequently appointed by Circuit Courts across Maryland to serve as a Best Interest Attorney, advocating for children in custody cases.
Monica Scherer and her dedicated team work relentlessly to secure custody arrangements that prioritize your children’s best interests while safeguarding your parental rights.
This unique role equips our team with valuable insights into navigating complex and emotionally charged custody matters, such as:
- Physical custody and parenting time/visitation
- Legal custody
- Custody modification
- Third-party custody and visitation disputes
- Interstate custody disputes
- Contact Monica Scherer, Esq.
Physical custody and parenting time/visitation
Physical custody and parenting time determine where a child resides and a schedule governing when a child will spend time with each parent.
There are several creative ways to craft a parenting time schedule, and our family law team will work with you to seek a physical custody and parenting time arrangement that meets the unique needs of your family.
Legal custody
Legal custody refers to the authority to make major decisions about your child’s life for topics such as medical decisions, education, religion, and other major decisions impacting a child.
Custody modification
A child custody order can be modified if there has been a substantial change in circumstances since the entry of the prior custody order which impacts the best interests of a child.
A parent relocating to a new residence, changes in a parent’s work schedule, or concerns about a child’s health or safety are just a few examples of changes in circumstances which may warrant seeking a modification of a custody order.
Our family law team can evaluate your situation, help you determine whether to seek a modification of custody, and guide you through the process of seeking or defending against a custody modification proceeding.
Third-party custody and visitation disputes
The Supreme Court of the United States has recognized that parents have a fundamental right to oversee the care, custody, and control of their children. Because of this fundamental right, Maryland law strongly favors legal parents (i.e., biological and/or adoptive parents) and provides that there is a rebuttable presumption that decisions parents make for their children serve the best interests of their children.
However, a third party can overcome this presumption by demonstrating that the parents are unfit or proving exceptional circumstances. This is also true for grandparents seeking visitation with their grandchildren. Although Maryland law allows a grandparent to seek visitation with their grandchild, if the legal parents of the child object to the request, the court will defer parents’ decision unless the grandparent can prove that the parents are unfit or exceptional circumstances exist. Third-party custody disputes and grandparent visitation requests involve a very fact-specific analysis.
Our family law team at Silverman Thompson has successfully sought and defended third-party custody matters and grandparent visitation disputes.
Interstate custody disputes
Maryland has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The UCCJEA is a uniform statutory scheme addressing jurisdictional issues in child custody matters. The UCCJEA has been adopted by 49 states, Washington, D.C., and multiple U.S. territories. The family law team at Silverman Thompson is experienced with the UCCJEA and other statutes governing interstate custody issues.
Contact Our Family Law Team
Monica Scherer and her team are dedicated to providing aggressive representation and sound legal advice to our family law clients. Our attorneys have many years of litigation experience and provide effective representation to our clients in all types of family law matters. They are recognized as leaders in this field.
Our divorce and family law attorneys have helped hundreds of clients in Maryland and regularly practice in Baltimore City, Baltimore County, Anne Arundel County, Howard County, Montgomery County, Prince George’s County, Frederick County, Harford County, and other areas throughout the State of Maryland as needed.
We invite you to contact us or call our office at 410.385.2225 or 800.385.2243 to see how we can make a difference for you.
