Proposed Maryland Child Custody Law Similar to Current Minnesota Child Custody Legislation with a Few Exceptions

Just last week, The Divorce Blog detailed a proposed Minnesota child custody law which would require judges to presume joint physical custody at the beginning of these cases. You can now add Maryland to the list of states considering similar legislation for this major issue in many divorces. A Cumberland Times-News story details how the proposed Maryland child custody law would require courts to consider joint legal and physical custody to each parent in temporary or physical custody cases.

However, unlike the Minnesota child custody legislation which says that judges do not have to necessarily consider awarding 50/50 joint custody, this Maryland child custody legislation would mandate that judges consider approximately equal amounts of time to each parent during these types of cases. If the court finds this arrangement not appropriate, the judge would have to determine custody and explain the rationale behind his or her decision in writing.

A hearing on this Maryland child custody legislation was held before the House Judiciary Committee last Thursday. The Cumberland Times-News story detailed how several letters addressed to its editor revealed a concern that women get preferential treatment in child custody cases. Delegate Kevin Kelly said in the story that while he supports this bill which would seem to address this concern, there are “very vocal opponents” of it in the state’s General Assembly.

Kelly then gave this Maryland divorce legislation, like its equal joint custody stipulation, a 50/50 chance of passing the House Judiciary Committee. We’ll keep you updated on the latest developments with this Maryland child custody legislation and the previously-detailed proposed Minnesota child custody law.

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