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The Court determines
custody based on what is in the best interest of the child. This
determination depends entirely on the particular facts of each case.
The Court will consider many factors when deciding residential custody
(where the child should reside): fitness of the parents, character and
reputation of the parents, desire of the parents, any agreement between
the parents, potential to maintain family relations, child’s preference,
material opportunities affecting the child, age and health of the child,
suitability of each parent’s homes, whether the non-custodial parent
will have adequate opportunities for visitation, how long the child has
been separated from a parent seeking custody, effect of any prior
abandonment or surrender of custody of the child, and any other relevant
fact.
In Maryland, there is no longer a maternal preference favoring mothers
in custody cases.
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