If you and the other parent of your child or children are unable to reach an agreement as to a custody and/or visitation schedule, then either one of you, or both of you, will file the appropriate pleadings in court.

This could be in the form of a Complaint for Divorce that seeks a custody determination if you are both married, a Complaint for Custody, or a Complaint for Visitation.  The other party will have thirty days to file an answer after service upon them, if the other parent resides in the State of Maryland, and up to sixty days to respond if he or she resides outside of the State of Maryland.

Following the other parties’ answer to your complaint, he or she then may request an initial custody conference of the court.  The process to get an initial custody conference may take one to two months.

An initial custody conference is an opportunity for parties and counsel to inform a Master of the Court what the current custodial situation is, and what schedule he or she is seeking pending ultimate resolution by the Court, perhaps a trial.

Please note, that it is the usual practice that an initial custody conference provide 15 minutes or less to each party to present his or her case.  However, often times parties are afforded the ability to bring an “essential” witness that may provide the Master of the Court with significant and relevant information relating to a custody determination.

The Master will, following the hearing, make what is called a Pendente Lite (pending litigation) recommendation as to custody.  Please note, it is the Court’s interest at this point in stabilizing the situation for the children’s benefit – not to make a final determination.

If either party disagrees with the Master’s Recommendation, he or she may file what is called Exceptions (or an appeal) to the Master’s Recommendation.  Within the Exceptions, that party would need to state with particularity, the areas of the Master’s findings in which he erred.  An Exceptions hearing, largely a legal argument would then be scheduled – again within one to two months.

Should it be that neither party files Exceptions the Order will be signed at the expiration of a ten day waiting period by a Judge of the Circuit Court for Harford County.

It is also highly likely that at the time of the initial custody conference, both parties will be referred to the Office of Family Court Services for a Custody Evaluation.  A Custody Evaluation is a process whereby a social worker is assigned to meet with both parties and the child or children involved in an attempt to reach an agreement as to custody.  That social worker will also speak to collateral contacts, perhaps teachers, counselors, coaches, and the like during their evaluation.

While the purpose of the evaluation is for parties to reach an agreement as to a custody and visitation schedule, should the parties not reach an agreement, the social worker then comes back to court at a hearing to review their findings and a recommendation as to what the custodial schedule should be.  The hearing to receive the Evaluator’s Report is scheduled at the time of the initial custody conference and typically is one and a half to two and a half months later.

Please note, it is unlikely, unless the social worker notes an emergent situation that the Master at the time of the Evaluator’s Report will make significant changes in the custodial schedule.  Should both parties be unable to reach agreement following the Evaluator’s Report and Recommendation, the custody matter will be set for trial.  It is very likely that trial will be schedule six months or more later.  It is also likely that your first trial date will get “bumped” or postponed due to an older court case filed before yours.  Should it be the case that divorce and property also need to be litigated, and should those items have long drawn-out discovery issues, your entire case may not be heard for up to one and a half to two years.

It is sometimes the case that the issues of substance abuse and/or psychological impairments cause one or both parties to be unable to reach an agreement.  Should this be the case, either party is able to request of the court drug and alcohol testing, a substance abuse evaluation, and/or a psychological evaluation.   Please note, that there is significant cost to each one of these measures.  It is likely that if any of the aforementioned tests are ordered, that both parties will participate in the evaluation.

I would stress that of utmost importance is the need, when possible, for parties to reach an agreement as to custody.  Parties reaching an agreement not only alleviate the emotional stress and strife surrounding the uncertainty of their lives and that of their children, but also have the satisfaction that they were both successful in reaching an agreement together and taking the first steps at co-parenting while apart – something that will need to take place throughout the life of your child or children.  I would also point out that not so unimportant is the fact that reaching an agreement in a custody case is a significant cost savings to both parties.

Lastly, I would point out that when custody and visitation are primary issues in a separating family, emotions and tensions run high.  I strongly suggest that both parties not take any actions to increase tensions at a tense time, but rather to do whatever may be necessary, and possibly bend from time to time, to reach an amicable solution.  My preferred colloquialism with regard to this attitude is “be like the duck”.