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Maryland Shared Physical Custody Law Update

This brief article will discuss the recent change in law which has reduced the number of nights for shared physical custody in Maryland from 128 overnights to 92 overnights. In doing so, the legislature has made the reality of shared custody one that is more obtainable for parents.

Commencing October 1, 2020, Maryland has updated its shared physical custody law.

First, let me establish that there are two (2) types of custody in Maryland: legal custody which covers decision making and physical custody which covers parenting time.

Legal custody can be either joint legal or sole legal. Physical custody can either be shared physical custody or sole physical custody. To achieve shared physical custody prior to October 1, 2020, both parents needed a minimum of 128 overnights with the minor child.

The new Maryland shared custody law now requires both parents to have at least 92 overnights. This new Maryland shared custody law should result in more parents being able to enjoy shared physical custody in Maryland.

When parents share physical custody, the Maryland child support guidelines used to determine an obligors child support responsibility will now change from utilizing the Maryland Child Support Sole Custody Guidelines to using the Maryland Child Support Shared Custody Guidelines.

The new Maryland physical custody guidelines will cover cases filed on or after October 1, 2020.

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Take Care!

Attorney Mike Barrett, Founder/Owner
(703)227-7157 (Office)
(703)997-2679 (Efax)

Edited by: Legal Staff

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As such, the information and contents should not be deemed formal legal advice; nor does the information and contents create a lawyer/client relationship between any party and the editors/creators”. We encourage persons accessing this information to seek the advice of counsel to discuss their specific legal issues/situation.

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