Get Maryland Child Custody Forms

There are no set rules on who will automatically get custody of the children. In Maryland, like many other states, the one ultimate standard in determining custody is what is in “the best interest of the child.” There are statutory factors that the court must consider to determine the best interest of the child.

A father has the right to: “Legal” custody, which is the legal right to participate in important life decisions concerning your child including medical, religious, and academic issues. “Physical” custody and visitation, which is the legal right to spend time with your child.

Complete a Complaint for Custody (CC-DR-004) to ask to the court to grant you custody. File the form in the Circuit Court where the child lives or where either parent lives. Make enough copies for the other parent and keep at least one copy for yourself.

Maryland law protects both mothers and fathers being able to retain or obtain custody of their children regardless of gender.

Neither party has the burden of proof; the court will simply decide whether the move is best for the child. There are no hard and fast rules other than the court will always rule in favor of what's best for a child and evaluate each situation on a case-by-case basis.

There are three ways to serve someone: by certified mail, sheriff, and private process. Select how you wish to have the Defendant served by checking the box on your Complaint form. The clerk creates a summons and mails it to the defendant. The clerk will collect a fee for this service.

Parents in the state of Maryland must provide notice and obtain permission and/or a court order in order to relocate their child's permanent residence in or out of state.

In summary, parents can rest assured Maryland is not a “mother state.” Custody is granted to one or both parents who have demonstrated their ability to care for and keep their child safe. If you have any questions about the custody process in Maryland, call Coover Law Firm at (410) 553-5042.