Legal Question in Family Law in Maryland

Re: Child Custody

If your wife has sole physical custody, this means that the child(ren) will reside with her. You did not specify whether this was by a Court order or by a separation agreement and your legal options will vary accordingly. Assuming such is by Court order, you maintain a right of visitation (that is, temporary physical custody). Your right as a father should be legally asserted. Although you will not have "physical custody" under the definition of law, you have a right to be a part of your child(ren)'s life(ves).

As to legal custody, this gives you the right to make decisions as to the longterm welfare of your child(ren). If you want to contest the short-term care (that is, physical custody on a day to day basis with Mom) then you will need to contest the order (or separation agreement). You have joint legal custody and so you have influence over decisions that can affect your child(ren) as well as related financial costs.

Your inquiry leaves many facts unstated. If you have not already done so, you should consult with an attorney.

G. Joseph Holthaus

(410) 799-9002

Re: Child Custody

Physical custody, also sometimes referred to as residential custody, is the right to have the child(ren) live with the custodian. The custodian thereby becomes responsible for the day to day care, feeding, etc. Legal custody is the right to make important decisions regarding the child's welfare, such as schooling, religious upbringing, health decisions, etc. As a co-legal custodian, you have the right to be consulted by your ex on these issues and to have a say in their outcome. If you have a written separation agreement, it should establish a decision making process when the two of you cannot agree on something. If you don't have an agreement, and you disagree on one of these issues, you will have to litigate, arbitrate or mediate it in order to arrive at a decision.