Legal Packet

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MARYLAND )

) ss.

[COUNTY] COUNTY )

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[PETITIONER FULL NAME],

Petitioner,

v.

[RESPONDENT FULL NAME],

Respondent.

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PETITION FOR CUSTODY

CIRCUIT COURT FOR [COUNTY] COUNTY

Case No.: _______________

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COMES NOW Petitioner, [PETITIONER FULL NAME], and files this Petition for

Custody, and in support thereof states as follows:

JURISDICTION

1. This Court has jurisdiction over the subject matter and the parties pursuant

to Md. Code, Family Law § 5-203.

1. Petitioner is a resident of [COUNTY] County, Maryland, residing at

[ADDRESS], [CITY], MD [ZIP].

1. Respondent is a resident of [COUNTY] County, Maryland, residing at

[ADDRESS], [CITY], MD [ZIP].

MINOR CHILD(REN)

1. The minor child(ren) subject to this Petition is/are:

1. The minor child(ren) currently reside(s) with [Petitioner / Respondent /

both parents] at [ADDRESS], [CITY], MD [ZIP].

1. The minor child(ren) have resided in Maryland for at least six (6) months

immediately preceding the filing of this Petition.

STATEMENT OF FACTS

1. Petitioner and Respondent are the [married / unmarried] parents of the

minor child(ren) identified above.

1. [If married:] The parties were married on [DATE] in [CITY], [STATE].

[If divorced:] The parties were divorced on [DATE] pursuant to a Final

Decree entered in [COUNTY] County, Maryland, Case No. [NUMBER].

1. [Describe the current custody arrangement, if any, and why custody

determination or modification is needed. Include relevant facts about

each parent's relationship with the child, caretaking responsibilities,

and any issues affecting the child's welfare.]

CUSTODY REQUEST

1. Under Md. Code, Family Law § 5-203(d), "If the parents live apart, a court

may award custody of a minor child to either parent or joint custody to

both parents. Neither parent is presumed to have any right to custody that

is superior to the right of the other parent."

1. Under Md. Code, Family Law § 5-203(a), "The parents are the joint natural

guardians of their minor child" and "are jointly and severally responsible

for the child's support, care, nurture, welfare, and education."

1. Petitioner requests the following custody arrangement:

Legal Custody (decision-making authority):

[ ] Sole legal custody to Petitioner

[ ] Sole legal custody to Respondent

[X] Joint legal custody to both parents

Physical Custody (where child resides):

[ ] Sole physical custody to Petitioner

[ ] Sole physical custody to Respondent

[X] Shared physical custody

Residential Schedule:

• [Describe the proposed schedule: weekdays, weekends, holidays, school

breaks, summer vacation, etc.]

Decision-Making:

• Educational decisions: [Joint / Primary Residential Parent]
• Medical decisions: [Joint / Primary Residential Parent]
• Religious upbringing: [Joint / Primary Residential Parent]

BEST INTEREST OF THE CHILD

1. Maryland courts determine custody based on the best interest of the child.

Factors considered include:

a) Fitness of parents: [Describe each parent's physical, mental, and

emotional fitness]

b) Character and reputation of parents: [Describe]

c) Desire of natural parents and agreements between them: [Describe

any agreements or each parent's position]

d) Potential for maintaining natural family relations: [Describe

extended family involvement]

e) Preference of the child: [If child is old enough to express

reasonable preference]

f) Material opportunities affecting future life: [Educational,

community, and other opportunities]

g) Age, health, and sex of child: [Describe]

h) Residences of parents and opportunity for visitation: [Distance

between homes, visitation opportunities]

i) Length of separation from parents: [Describe]

j) Prior voluntary abandonment or surrender: [If applicable]

CHILD SUPPORT

1. Under Md. Code, Family Law § 12-201, child support is calculated based on

the actual income of both parents.

1. Petitioner's gross monthly income: $[AMOUNT]

Respondent's gross monthly income (to the extent known): $[AMOUNT]

1. Petitioner requests that child support be established in accordance with

the Maryland Child Support Guidelines.

PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

a) Award [sole physical custody to Petitioner / joint physical custody /

shared custody] of the minor child(ren);

b) Award [sole legal custody to Petitioner / joint legal custody];

c) Establish a visitation/parenting schedule for the non-custodial parent;

d) Establish child support in accordance with the Maryland Child Support

Guidelines;

e) Under Md. Code, Family Law § 12-103, award Petitioner costs and reasonable

attorney's fees; and

f) Grant such other and further relief as the Court deems just and proper.

VERIFICATION

I, [PETITIONER FULL NAME], declare under the penalties of perjury pursuant to

Md. Code Ann., Crim. Law § 9-101 that the foregoing is true and correct to

the best of my knowledge, information, and belief.

Executed this ___ day of _____________, 20___.

______________________________

[PETITIONER SIGNATURE]

[PETITIONER FULL NAME, printed]

[ADDRESS]

[CITY, STATE, ZIP]

[PHONE NUMBER]

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FILING INSTRUCTIONS

FORMATTING REQUIREMENT (Md. Rule 1-301(c)):

Every document filed with a Maryland court must have 1.5-inch top AND left

margins on all pages. Right and bottom margins must be at least 1 inch.

NOTE: Maryland's 1.5-inch top AND left margin requirement is unique — verify

both margins before filing.

Circuit Court for [County] County

Court: Circuit Court for [County] County, Maryland

Address: [County Courthouse Address]

Filing Fee: Approximately $165-200 (varies by county)

Fee Waiver: Request "Request for Waiver of Prepaid Costs" from clerk

Required Documents:

1. Petition for Custody (this document)
2. Civil - Domestic Case Information Report
3. Financial Statement (if child support requested)
4. Proposed Parenting Plan (recommended)
5. Filing fee or fee waiver request

Service:

After filing, Respondent must be served with:

• Summons (issued by clerk)
• Copy of Petition
• Any other filed documents

Service can be done by:

• Sheriff's deputy (approximately $40-60)
• Private process server
• Certified mail (if Respondent signs return receipt)

Parenting Classes:

Many Maryland counties require parents to complete a parenting education

seminar before final orders are entered. Ask the clerk for approved

providers in your area.

Mediation:

Maryland courts often require mediation in custody disputes before a

trial is scheduled. The court will provide information about mediation

services.

Court Locations by Major County:

• Baltimore City: 111 North Calvert Street, Baltimore, MD 21202
• Baltimore County: 401 Bosley Avenue, Towson, MD 21204
• Montgomery County: 50 Maryland Avenue, Rockville, MD 20850
• Prince George's County: 14735 Main Street, Upper Marlboro, MD 20772
• Anne Arundel County: 8 Church Circle, Annapolis, MD 21401

Legal Aid Resources:

• Maryland Legal Aid: 1-800-999-8904 or https://www.mdlab.org
• House of Ruth (domestic violence): 1-800-222-1222
• Women's Law Center: (410) 321-8761
• LSC Finder: https://www.lsc.gov/about-lsc/what-legal-aid/find-legal-aid

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