Custody & Joint Custody Consultation
If you are divorcing, the first things you may think of are, How can this be happening to me? What can I do to protect myself, and my children? Where do I turn to for help? And where I find a good lawyer? But hold on. You need to find answers to your questions — quickly — and obtain the psychological, emotional, and practical advice you need. If you require a lawyer, you need to know where to find a good one without paying an arm and a leg to handle your divorce.
Child custody, shared custody, primary custody, and access (visitation) arrangements are very contentious topics around the country. I have helped thousands of parents over the past 25 years obtain more liberal access to their children. I do so by focusing on what your goal is now, and developing a strategy for reaching that goal — to help you understand what to do and how to go about it. Parents with little experience in the custody courts often have unrealistic expectations and they generally rely just on their lawyers to "obtain justice." Too late, they often realize they need a nationally known attorney/consultant like me to provide advice, alternatives, information, and resources, with or without the assistance of their private attorneys.
Most states have a preference or presumption for joint custody, but even in those states, it is not applied uniformly, or judges will often order the usual every-other-weekend visitation and call it joint custody. It is important to know what your rights and responsibilities are, including financial child support. I have substantial experience in these matters.
I live in Maryland. Maryland is a sole mother custody state. That is, in most cases, a mother will obtain sole custody of her children. According to the Women's Law Center of Maryland, in 2003, "...children were living with mothers in 64 percent of cases, while 11 percent lived with fathers, and nine percent split time with both parents. This distribution corresponds with the custody outcome awarded in that physical custody was granted to mothers in 66 percent, to fathers in 12 percent, and the remaining were split custody or some other undefined custody arrangements." (2006 report entitled "Families in Transition," page 36). I have never heard of a Maryland judge giving joint custody over the objections of the mother.
In Washington, D.C., there has been a presumption for legal and physical joint custody since a law was passed in 1997. Researchers state that physical joint custody means that a child shall spend between one third and one half of the time (overnights) on a year-round basis with a child. Legal joint custody means there is shared decision making between the parents. I have asked Washington D.C. court officials for data on how much joint custody is being awarded by judges in D.C., but they have not allowed me to inspect family court cases to find out. Nevertheless, I am continuing to press the issue with D.C. officials.
In Virginia, the law states that parents shall have "frequent and continuing contact" with both parents. But joint custody is given only in the Norfolk area, in the southwestern part of the state. In other parts of the state, the norm is sole mother custody in most cases.
I have information on custody determinations in all of the other states and in foreign countries. Please call me now at 301-927-1897 to set up a free brief consultation or email me via the contact page.