When going through a divorce or custody dispute in Maryland, emotions run high, and the desire to simply “get it over with” can be overwhelming. However, rushing through the process or agreeing to terms without fully understanding them can result in giving away important parental rights that may be extremely difficult—or impossible—to recover.
Understanding Your Parental Rights
As a parent in Maryland, you have fundamental rights regarding your children that deserve protection:
Legal Custody Rights
Legal custody involves the right to make major decisions about your child’s life, including:
- Education and school choice
- Religious upbringing
- Medical and healthcare decisions
- Extracurricular activities
- Mental health treatment
Physical Custody Rights
Physical custody determines where your child lives and your day-to-day time with them:
- Primary residence arrangements
- Visitation schedules
- Holiday and vacation time
- Transportation responsibilities
Additional Parental Rights
- Access to your child’s school and medical records
- Participation in school activities and events
- Communication with your child during the other parent’s time
- Input on major life decisions affecting your child
- Right to be notified of emergencies
How Parental Rights Get Waived
Parents often inadvertently give up rights in several ways:
Vague or Poorly Drafted Agreements
Language like “Mother shall have primary decision-making authority” without specifics about joint decisions can effectively give one parent complete control.
Default Provisions
Some standard agreement forms include provisions that may not serve your interests. Always review every clause carefully.
Giving In to Pressure
Emotional exhaustion or pressure from the other parent can lead to agreeing to terms you’ll later regret.
Not Understanding the Implications
Legal terms have specific meanings that may differ from everyday usage. What seems fair might actually be giving up more than you realize.
Failing to Include Important Provisions
What’s not in your agreement can matter as much as what is. If you don’t specify a right, you may not have it.
Critical Provisions to Review
Before signing any custody or divorce agreement, ensure these areas are addressed:
Decision-Making Authority
- Who decides on major educational decisions?
- How are medical decisions made?
- What happens if parents disagree?
- Are there any sole decision-making rights?
Access to Information
- Can both parents access school records?
- Who receives medical updates?
- Are teachers and doctors required to communicate with both parents?
Time-Sharing Details
- Is the schedule specific enough to avoid disputes?
- How are holidays divided for the entire year?
- What happens if a parent needs to travel for work?
- How are school breaks allocated?
Communication Rights
- Can you call or text your child during the other parent’s time?
- Are there restrictions on contact?
- How will parents communicate about the children?
Modification and Dispute Resolution
- How can the agreement be modified?
- Is mediation required before going to court?
- What happens if one parent violates the agreement?
Protecting Your Rights
Get Legal Representation
This is not the time to save money by going it alone. An experienced family law attorney will:
- Explain your rights in plain language
- Identify problematic provisions
- Negotiate for fair terms
- Ensure the agreement is enforceable
Take Your Time
There’s rarely a genuine reason to rush through a custody agreement. If you’re being pressured to sign quickly, that’s often a red flag.
Ask Questions
If you don’t understand something, ask. Keep asking until you do. Your attorney should be able to explain every provision.
Think Long-Term
Consider how the agreement will work not just now, but as your children grow. A schedule that works for a toddler may not work for a teenager.
Document Your Involvement
Keep records of your involvement in your children’s lives:
- Attend school events and parent-teacher conferences
- Take your children to medical appointments
- Participate in extracurricular activities
- Maintain regular communication
Common Mistakes to Avoid
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Agreeing to Supervised Visitation Without Cause - This can be difficult to reverse and suggests you’re unsafe around your children.
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Accepting “Standard” Visitation Without Question - Every-other-weekend visitation is not the only option.
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Giving Up Legal Custody Rights - Joint legal custody should be the starting point unless there are serious concerns.
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Not Including Right of First Refusal - This gives you the option to watch your children when the other parent needs childcare.
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Failing to Address Future Issues - Relocation, remarriage, changes in work schedule—address these possibilities now.
When Rights Have Been Compromised
If you’ve already signed an agreement that gives away important rights, you may have options:
- Modification for material changes in circumstances
- Appeals if the agreement was based on fraud or duress
- Negotiating a new agreement with the other parent
Moving Forward
Protecting your parental rights during divorce requires vigilance, patience, and proper legal guidance. At Leffler, Bayoumi & Oliver, we help parents understand and protect their rights while working toward arrangements that truly serve their children’s best interests.
If you’re concerned about your parental rights in an ongoing divorce or custody matter, contact our office to schedule a consultation. It’s never too early—or too late—to get proper legal advice.
Need Legal Assistance?
If you have questions about this topic or need legal representation, our experienced attorneys are here to help. We work with clients throughout Maryland to provide practical guidance and effective advocacy.
Contact us to discuss your situation and learn how we can assist you.