If your parents are not living together, the court may decide where you will live and who will take care of you. The court makes this decision based upon what is in the "best interest of the child." Custody, visitation, and child support are never considered to be final decisions. Your parents can always go back to court if something changes, like the school you attend, your parent's job, or a work or school schedule. Other family members also can try to have custody of you, but the court likes to give custody to natural parents. There must be an important reason before the court will give custody to someone who is not your parent.

Both of your parents have equal rights to be with you until there is a court order or agreement saying otherwise.

HOW DOES THE COURT CONSIDER WHAT IS IN THE BEST INTEREST OF THE CHILD?

The court considers many things when deciding what is in your best interests,
such as:

• Your parents' willingness to share custody.
• Whether each parent is fit to have custody. For example, if one of your parents has a drug or alcohol addiction, then they may be considered unfit to have custody of you. The court also may consider abuse against you by a parent, step-parent, or other person living in the house with you, including other kids.
• Your relationship with your parents.
• Where you want to live.
• How stable your school and social life is where you currently live.
• How close your parents live to each other, your other family members, your school, and your friends.
• Your parents' work schedules.
• How old you, your brothers and sisters are.
• Whether a parent can provide for you financially while you are living with them.
• The benefit to your parent while you are living with them.
• Which parent cared for you more while you were living together (such as who cooked meals for you, took you to doctor's appointments, drove you to school, bought your clothes, attended school events, and helped you with homework).
• Whether a parent walked out and left you with someone else.
• Whether one parent has strong religious views that will affect your physical or emotional well-being.

WHAT IS CUSTODY?

Custody is the right granted by a court to one or both parents to care and guard for their children when parents legally separate. There are two types of custody: legal custody and physical custody. If your parents cannot agree on how to divide legal custody and physical custody, the court has to make the decision.

• Legal custody: The parent with legal custody has the right to make decisions about your education, your religious training, discipline, medical care, health, and general welfare. These are the different types of legal custody arrangements:
  
  Joint legal custody: parents share control of your upbringing and making decisions about your health, welfare, and education. For example, both of your parents would have to consent for you to take medication, attend a particular school, see a counselor, or get a tattoo.
  
  Sole legal custody: only one parent has right to make decisions about your upbringing, health, welfare, and education. They do not have to discuss the decisions with the other parent. For example, you want to get a tattoo and your father has sole legal custody. If he says you cannot get a tattoo, then you cannot get permission from your mother.
  
  Joint legal custody with tiebreaking authority: both parents share control over making decisions, but if they disagree, someone has the authority to break the tie. This person could be one of your parents or another person that both of your parents agree can be the tiebreaker. For example, if both of your parents have a good relationship with your grandmother or an aunt, that person can be the tiebreaker when your parents disagree.
  
  
• Physical custody: The parent with physical custody is the one that you will live with. These are the different types of physical custody arrangements:
  
  Sole physical custody with visitation to one parent: you will live primarily with one parent, but you will spend a few overnights with the other parent every month. For example, you could live at your mother's house, but visit with your father every other weekend from Friday evening until Sunday evening.
  
  Shared physical custody: you spend at least 35% of your overnight time with one parent and the rest of the time with the other parent. For example, you could alternate staying with each parent on a weekly basis or you could spend the entire summer with one parent, but live with the other parent during the school year.
  
  Split custody: if you have a brother or sister, the court can order that you live with one parent and your brother or sister live with the other parent. Splitting you apart like this is rare. The court considers your age and where you want to live before making a decision like this.
  
  Temporary Emergency Custody: this type of custody allows the court to take over the case if you have been abandoned by your parents or if you have been a victim of abuse or threatened with abuse.

WHAT IS VISITATION?

Once the court decides who has physical custody, a visitation schedule is set up for the parent who does not have physical custody. The visitation schedule can depend upon your parents' work schedules, your school and extracurricular activity schedule, and other factors, like how far your parents will have to drive.

Supervised Visitation: Sometimes, the court can decide that visitation can only happen if there is another person supervising your parent. This person is usually a friend or a relative that your parents agree will act as the chaperone. There are also visitation centers where your parents can arrange for you to meet for visitation. It is rare that the court orders parents to use the visitation center. Visitation center hours are limited, so a typical visit lasts only a couple of hours.

Monitored Exchanges: When your parents do not get along , they can make visitation arrangements at a neutral center. One parent brings you to the neutral center and the other parent picks you up for your visit. When the visit is over, your parent will drop you off at the center and your other parent will pick you up. As your parents drop you off and pick you up, staff at the center observe the exchange to make sure everything runs smoothly.

WHO CAN BE AWARDED VISITATION?

Either biological parent can be awarded visitation. Also, grandparents (even when the parents weren't married or are not currently divorced) and step-parents may be awarded visitation rights.

WHEN CAN VISITATION BE DENIED?

The court has the power to deny visitation. Normally the court will only stop visitation for a certain time or until a certain task is performed. For example, the court can stop visitation if one of your parents has not met their financial obligation.

WHAT HAPPENS WHEN THERE IS A VIOLATION OF A CUSTODY ORDER OR AGREEMENT?

A parent can be found in contempt. The parent who violated the agreement or order can be:

• fined - this is when they are required to pay money;
• imprisoned; or
• asked to provide make-up visitation to the parent who could not meet with you.

If there is a court order or agreement in place, a parent cannot:

• keep you from seeing the other parent;
• abduct you, take you away, or hide you from the other parent If you think that you may have been abducted, you should report this to the local police; or
• prevent you from contacting the other parent.

WHAT IF I AM AFRAID OF ONE OF MY PARENTS?

You can ask the court for supervised visitation either with another person present or at one of the supervision centers. You can also contact the Department of Social Services, Child Protective Services, or any domestic violence shelter, if you are a victim of child abuse.

Here are some useful websites that can help you:

• http://www.dhr.state.md.us/county.htm - this is a website providing links to all Maryland Local Departments of Social Services
• http://www.dhr.state.md.us/how/abuse/childabs.htm - this is the Maryland Department of Human Resources website concerning Child Abuse and Neglect
• http://www.dhr.state.md.us/how/abuse/violence.htm - this is the Maryland Department of Human Resources website concerning Domestic Violence

WHAT IF I DO NOT WANT TO SEE ONE OF MY PARENTS?

If your parents currently are in court over your custody, you can ask to speak with the judge directly at the hearing. If the judge considers you sufficiently mature, he or she may agree to speak with you. The conversation is usually in an interview away from your parents and their attorneys. You can privately tell the judge your reasons for wanting to live with one parent or another, your relationship with each of your parents, and the current living situation. The court generally does not force children to visit with their parents. However, if you decide not to visit, the parent you are living with could be found in "contempt." This means that they did not follow the custody order. They will have to explain to the court that you do not wish to visit with the other parent.

WHAT IF I AM 16 YEARS OLD AND THERE IS A CUSTODY ORDER THAT I WANT TO CHANGE?

You can petition the court yourself. You do not need your parents' permission to file a petition to change custody. You may want an attorney though (see below). If you petition the court, the court must hold a hearing to listen to your concerns.

WHAT IS GUARDIANSHIP AND HOW DOES IT AFFECT ME?

A guardian is someone aside from your mother or father who is allowed to make decisions for you about school, medical treatment, and other things that affect you as a person. This will only happen if a judge says that its okay for this person to make these decisions on your behalf. The need for a guardian happens mostly when parents are frequently out of town, when both of a child's parents have passed away, when a child with special needs reaches age 18, or when a child moves to a town before her parents do. [1]

WHAT IS A GUARDIAN OF THE PROPERTY?

A guardian of a property is someone aside from you (or your parents) who is in charge of your money. This will not happen without a judge saying it's okay. The need for a guardian of the property arises mostly when a child inherits money from a deceased relative or when a child with special needs reaches age 18. [2]

WHAT ARE ATTORNEYS FOR CHILDREN?

These attorneys are also known as Guardian Ad Litem or GAL, or Best Interests Attorneys. These attorneys are used when your parents are going through a divorce. They make an independent assessment of what is in your best interests. They listen to what you have to say, but they are not bound to do what you ask them to. One or both of the parents pay for this attorney's services.

WHAT IS A CHILD ADVOCATE?

Child Advocates are independent legal counsel for you - so they work like any lawyer for any other client, only they are Court-appointed (generally). You must be sufficiently mature to make a reasoned choice. These lawyers are frequently used in cases in which one or both parents are moving from the area in which the marital home is located. One or both of your parents pays for this attorney's services.

WHAT IS A CHILD'S PRIVILEGE ATTORNEY?

Also known as Nagle v. Hooks attorney, for the Maryland case that created this type of attorney. This attorney makes the decision whether to assert or waive, on your behalf, any statutory confidential privilege. A statutory confidential privilege generally includes psychiatrists, psychologists, counselors and doctors. One or both of the parents pay for this attorney's services. This role can be combined with either of the other two roles.

If you are under 18 years old and have been neglected or emotionally, physically, or sexually abused by a parent, guardian, or caregiver, the Juvenile Court may find that you are a "child in need of assistance" (CINA).  Once the court decides you are a CINA, you may be able to receive services up until age 21.

WHAT RIGHTS DO I HAVE IF I HAVE BEEN ABUSED OR NEGLECTED?

What happens?

• You or someone else (a friend, relative, teacher, neighbor, police officer or religious leader) reports that you are being abused or neglected.
• A Child Protective Services case worker from the local Department of Social Services investigates whether there has been any abuse or neglect.
• You, your family, friends, neighbors, and other witnesses, may be interviewed by a case worker.
• You may be removed from your home and placed with a relative, family friend, or in foster care while the investigation is going on.
• If the case worker feels that it is not safe for you to go home, a hearing will be held in Juvenile Court before a Master or a Judge (there is no jury involved).
• The court must decide where you should stay and what services you and your family may need based on what is in your best interests.

What are your rights?

• Once you have a case in Juvenile Court, you have the right to have an attorney represent you.
• The have the right to attend court hearings about you.
• Your attorney is appointed to represent you by the Court.  You do not have to pay for the attorney though it can also be a private attorney.
• You have a right to have your physical, medical and educational needs met.
• You have the right to be placed somewhere safe.
• You have the right to visit with your family brothers and sisters unless the court says you may not.

What happens if neglect or abuse is found?

• You may be returned to your home, but they may have to follow certain rules;
• You may be placed with a relative, a family friend or in foster care with a foster family, in a group home, or in an independent living program;
• Someone else, like a relative or family friend, can become your guardian.
• The court may order services for you and your family;
• A case worker will work with you and your fmaily.

How long will I be apart from my caregivers?

• It depends on the facts of the case.  However, unless the court orders otherwise, your case worker will be working to help you go back to your family as long as it is safe.
• If the court determines that you are a CINA and that you must be placed outside your family home the court will review your case an you will make a long term plan for you (called a permanency plan based on what is best for you.
• The permanency plan can be a return to your parents or guardian, have you live with a relative, find an adoptive family, or to make another plan that works best for you and if you are older than 16, the plan must specify what services will help you to be independent when you are older.

You can also visit this site by the Maryland Department of Human Resources on children in need of assistance http://www.dhr.state.md.us/legal/children.htm for more information.

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