protecting what’s most important to you

Under Maryland and DC laws, both natural parents are the presumed natural custodians of their children. The law considers the “best interest” of the child standard when deciding issues related to legal and physical custody and visitation. The “best interest” of the child standard requires consideration of certain factors to determine what is best for the child.

Custody and visitation arrangements are never permanent. As situations change, a parent can always petition the court to modify a court order.

If you are involved in a child custody dispute, it is important to be informed regarding the current law regarding child custody.

While grandparents and other third parties may seek custody of or visitation with a child, the presumption in favor of the natural parents presents a significant challenge, though Maryland law does provide a path forward for grandparents or other involved third parties.

Success Stories

Gaining Physical Custody in Relocation Case

Challenge

The mother of our client’s children planned to move away for a new job opportunity, taking the children with her. She had been the primary parent, so our client wished to gain sole physical custody of the children, allowing them to remain in the DC area.

Strategy

Lerch Early argued before the court that the children would be best served to stay in this area with their father. We worked with key experts to demonstrate that a move to the new location would be detrimental to the children’s interests.

Result

The judge awarded sole physical custody to our client, allowing the children to remain in the environment where they attended school and had friends.

Insights