Legal Custody is the ability of a parent to make major decisions regarding the health, education and welfare of a child. Major decisions include but are not limited to Choosing medical providers for the child. Deciding whether the child receives certain vaccinations, including COVID 19. Whether the child should attend public or private school? Whether the child should participate in certain extracurricular activities? Most court’s grant parents’ Joint Legal custody if the parents have demonstrated an ability to agree on decisions relating to their child in the past. In the event the parents do not have the ability to communicate and agree on decisions regarding a child’s health, education and general welfare, the court could award one parent tie-breaking authority in one or all major decision-making areas.
In Santo v. Santo, 448 Md. 620, 141 A.3d 74 (Md. App. 2016) The court awarded the parents joint legal custody with one parent getting tie-breaking authority. In giving the parent tie-breaking authority, the Court took into consideration that the parents had a history of having difficulty coming to major decisions relating to the child. The court held that although the parents had a significant history of not effectively communicating about their child awarding the parents joint legal custody with one parent having tie-breaking authority was still in the child’s best interest.
In deciding who gets legal custody, the court must first apply the factors of Taylor v. Taylor 508 A.2nd 964, 306 MD 290 (1985)
In the Taylor case, the court applied specific factors prior to making a determination as to whether it was in the best interest of the child to award Joint Legal custody to the parents. The Taylor Factors include 1. The Fitness of the parents 2. The Character and Reputation of the parties 3. The requests of each parent and the sincerity of the requests. 4. Any agreements between the parties 5. The willingness of the parties to share physical custody 6. The parent’s ability to maintain the child’s relationship with the other parent. 7. The age and number of children each parent has in the household. 8. The preference of the child when the child is of sufficient age and capacity to form a rational judgement. 9. The ability of each parent to obtain a stable and appropriate home for the child. 10. The Geographic proximity of the parents’ residences and the opportunities for time with each child. 11. Demands of parental employment. 12. The relationship between each child and the parent. 13. The Length of Separation from parent. 14. Whether there was a prior voluntary abandonment or surrender of custody of the child. 15. Potential disruption of a child’s social or school life. 16. Impact of state or federal assistance 17. Benefits of parent having sole legal/sole physical custody. 18. The child’s relationship with siblings, relatives and others who may have a psychological effect on the child’s well-being. 19. Any effects on the child’s school or social life The Court’s preference is for parents to have Joint legal custody. Sole legal custody is awarded to one parent in cases where the other parent is found unfit or has not had an active role in the child’s life. The Taylor case was decided it 1985, however, the court still utilizes the Taylor factors to determine what’s in the best interest of the child when deciding legal and physical custody. As of October 1, 2025, the courts will be required to state on the record each factor and outline each factor as it applies to each parent. If you are in the process of filing for custody, a modification of custody where legal and physical custody is at issue, The Law Office of Lynndolyn Mitchell is exceptionally qualified to assist you in resolving the matter either through court, or through a consent custody agreement. |
