Pros and Cons of Sole Custody vs. Joint Custody
When parents separate or divorce, deciding how to share time and responsibilities is one of the most critical decisions they will face. In Maryland, custody is divided into two distinct parts: Legal Custody (decision-making authority) and Physical Custody (where the child lives). Understanding the nuances of sole versus joint arrangements is essential to building a parenting plan that serves your child’s best interests.
What Is Sole Custody?
Sole custody means one parent has the primary legal right to make major decisions regarding the child’s education, medical care, and religious upbringing, and the child typically lives with that parent the majority of the time. While the other parent may have visitation rights, their role in major life decisions is limited.
The Benefits:
- Stability in High-Conflict Cases: If parents cannot communicate effectively, sole custody prevents “decision-making gridlock” and allows for faster choices regarding the child’s welfare.
- Consistency: The child maintains a single “home base,” which can simplify school logistics and provide a predictable daily routine.
The Drawbacks:
- Parental Burnout: The custodial parent carries the full weight of daily responsibilities, which can lead to significant emotional and financial strain.
- Strained Relationships: The non-custodial parent may feel disconnected from the child’s daily life, which can potentially weaken the parent-child bond over time.
What Is Joint Custody?
Joint custody allows both parents to share responsibility for their children. Under Maryland’s updated 2026 legal standards, courts generally prefer arrangements that maintain “frequent and continuing contact” with both parents, provided the environment is safe and supportive.
The Benefits:
- Shared Parenting: Both parents remain active in the child’s life, ensuring the child benefits from the support and perspectives of both households.
- Balanced Responsibility: This arrangement distributes the practical and emotional demands of parenting more evenly between both parents.
The Drawbacks:
- Communication Demands: Success requires a high level of cooperation. If parents cannot co-parent respectfully, the child may be caught in the middle of ongoing scheduling or lifestyle disputes.
- Logistical Complexity: Joint physical custody works best when parents live in close proximity. Significant distance can disrupt a child’s school attendance and extracurricular activities.
How Maryland Courts Decide (2026 Update)
As of October 1, 2025, Maryland judges must follow Family Law § 9-201, which requires them to evaluate 16 specific statutory factors to determine the “best interests of the child.” These factors include the child’s physical and emotional security, the parents’ ability to communicate, the child’s developmental needs, and any history of abuse or neglect.
Can Custody Arrangements Be Modified?
Custody orders can be modified if there is a “Material Change in Circumstances” that affects the child’s welfare. Under current 2026 standards, a parent’s proposal to relocate is now explicitly recognized as a potential material change if it makes the existing custody arrangement unworkable.
Annapolis Divorce Lawyers at Oliveri & Larsen Can Help
Navigating the new 16-factor statutory requirements in Maryland requires a precise legal strategy to ensure your family’s future is protected. Our Annapolis divorce lawyers at Oliveri & Larsen can help. To learn more or schedule a consultation, call 410-295-3000 or complete our online form. We are located in Annapolis, MD.