Legal Question in Family Law in Maryland

In the state of Maryland does the mother have sole custody of her child until deemed otherwise by a courth of law, regardless of father's name on birth certificate?


Asked on 7/17/10, 3:12 pm

2 Answers from Attorneys

Bill Wood Law Office of William C. Wood, LLC

No. Both parents have equal access to the child in the absence of a court order.

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Answered on 7/18/10, 7:17 am

No. Long ago, Maryland had a maternal preference, and thereafter, a "tender years presumption," meaning that young children were presumed to be better served with their mothers. Those legal standards have long since been abolished, and the standard in custody cases today is solely what is in the best interest of the child. Neither parent goes into the process with an advantage based solely on gender.

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Answered on 7/24/10, 2:40 pm


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