5 Child Custody Myths That Cause Confusion in Maryland—And the Truth Behind Them

Navigating a child custody matter in Maryland can feel overwhelming, especially when friends, relatives, or online sources share conflicting information. With so many misconceptions circulating, parents often worry about scenarios that are not legally accurate. Understanding the truth behind these myths can help you make informed decisions that genuinely support your child’s well‑being.

Below, we debunk five common child custody myths and explain what Maryland courts actually consider when determining a parenting plan.

Myth #1: Mothers Are Automatically Granted Custody

Many people believe that Maryland courts favor mothers in custody cases. While this may have appeared true decades ago, it does not reflect current Maryland family law standards. Today, courts evaluate both parents equally, focusing solely on the best interests of the child.

Judges consider factors such as who handles daily caregiving responsibilities, each parent’s bond with the child, the stability of each home environment, and the parents’ availability—without any automatic preference based on gender. In many cases, fathers receive joint or even primary custody when they are actively involved in their child’s life.

Myth #2: Children Can Decide Which Parent They Live With

A child’s preference may be considered in Maryland custody cases, but it is not the deciding factor. Judges look at the child’s maturity, reasoning, and the motivation behind their preference. Wanting fewer rules carries less weight than wanting consistency at school or proximity to community support.

In some cases, a guardian ad litem (GAL) may be appointed to speak with the child privately and report their perspective to the court, helping protect the child from parental conflict. Ultimately, the judge—not the child—makes the final decision.

Myth #3: Joint Custody Means a 50/50 Time Split

In Maryland, “joint custody” can refer to legal custody, physical custody, or both. Joint legal custody means both parents share decision‑making. Joint physical custody refers to how much time the child spends with each parent—but this schedule does not need to be evenly divided.

Courts aim to create a parenting plan that prioritizes stability, considering factors like school routines, work schedules, and the distance between homes. A parenting plan may still be labeled “joint custody” even if the time split is not 50/50.

Myth #4: Full Custody Eliminates Child Support Responsibilities

Many parents assume that full custody means no child support is required. However, in Maryland, child support and custody are separate issues. Child support exists to ensure that the child receives financial assistance from both parents, regardless of custody arrangements.

Courts review each parent’s income, cost of living, healthcare needs, childcare expenses, and educational costs. Even a parent with full custody may receive support—or owe support—depending on the financial circumstances.

Myth #5: You Can Deny Visitation If the Other Parent Isn’t Paying Child Support

One of the most damaging misconceptions is that a parent can withhold visitation when the other parent falls behind on support payments. Maryland law treats child support and parenting time as separate legal matters.

If child support isn’t being paid, the correct response is to seek enforcement through the court—not to deny visitation. Withholding parenting time can harm the child and may put the withholding parent at risk of violating a court order.

Need Guidance with a Maryland Custody Matter?

If you’re facing questions about child custody in Rockville, Montgomery County, or anywhere in Maryland, professional legal guidance can help you protect your rights and make decisions that support your child’s stability.

The Law Offices of Dana K. Whitten provides compassionate, client‑centered support for Maryland families navigating custody, child support, divorce, and related matters.

Contact us today to discuss your situation and learn how we can help you move forward with clarity and confidence.

Address: 51 Monroe Street, Suite 408, Rockville, MD 20850
Phone: (301) 762‑2528
Website: https://www.dwhittenlaw.com/