April 23rd, 2025

The initial consultation is one of the most important conversations we have with our clients. This is where we hear our most frequently asked questions. It’s also our opportunity to understand the details of each unique case and get a clear sense of our client’s goals and concerns. During this meeting, we ask thoughtful questions—and answer many as well—to help build a strong foundation for the path ahead.

This week we are going to share with you what our Managing Partner David Ruben frequently hears in a Family Law initial consultation.

At least a few times per week potential clients will call the office and either say "I WANT FULL CUSTODY!" So I politely ask them what they mean by "full custody" and much more often than not, they have no idea. Usually they think it means that the child lives with them and they have the right to make all of the decisions about the child, including how often the other parent can spend time with the child.

The closest thing to "full" custody in Maryland is if one parent is awarded both SOLE LEGAL custody and SOLE PHYSICAL custody.

"Legal" custody defines which parent may make major, long-term decisions on behalf of a minor child with regard to medical care, educational needs and religious preference.

  • "Joint" legal custody means that the parents must come to an agreement before a "legal" custody decision can be made.
  • "Sole" legal custody means that after reasonable notice, discussion and input, one parent has the right to make the decision over the objection of the other parent. Some folks think that if they do not have "joint" legal custody, they are seen as less of a parent by the courts or others. That is not the case. It is simply a legal concept that we use to solve disagreements between parents when they cannot come to an agreement on their own.

"Physical" custody is nothing more than an access schedule. On what days of the year will the child be with one parent and on what days will the child be with the other parent.

  • "Sole" physical custody usually means that the child lives with one parent "primarily," but the definition of "primarily" is not set in stone. Sometimes we will use the term "residential" custody to indicate in which jurisdiction the child will attend school.
  • "Joint" physical custody can be "50/50" if the time spent with each parent is equal.

In summary, there is no such term as "full" custody in Maryland. We have legal custody and physical custody and variations of both.

We are always here to help. Please reach out at anytime to speak to any of our experienced attorneys!