Types of Custody
The difference between legal custody, physical custody, sole custody, and joint custody:
Legal Custody
Legal custody of a child means having the right and the obligation to make decisions about a child's upbringing. A parent with legal custody can make decisions about schooling, religion, and medical care, for example. In many states, courts regularly award joint legal custody, which means that the decision making is shared by both parents. Call Maryland Custody Lawyer Jack Hyatt at 410-486-1800.
If you share joint legal custody with the other parent and you exclude him or her from the decision-making process, your ex can take you back to court and ask the judge to enforce the custody agreement. You won't get fined or go to jail, but it will probably be embarrassing and cause more friction between the two of you which may harm the children. What's more, if you're represented by an attorney, it's sure to be expensive.
If you think you have circumstances that make it impossible to share joint legal custody, you can go to court and ask for a change in custody so that you have sole legal custody. But, in many states, you will have to overcome a presumption that joint legal custody is preferable.
Physical Custody
Physical custody means that a parent has the right to have a child live with him or her. Some states will award joint physical custody to both parents when the child spends significant amounts of time with both parents. Where the child lives primarily with one parent and has visitation with the other, generally the parent with whom the child primarily lives will have sole physical custody, with visitation to the other parent. Joint physical custody works best if parents live relatively near to each other, as it lessens the stress on children and allows them to maintain a somewhat normal routine.
Sole Custody
How can I keep custody of my daughter when her father has a criminal record?
One parent can have either sole legal custody or sole physical custody of a child. In most states, courts are moving away from awarding sole custody to one parent and toward enlarging the role a divorced father plays in his children's lives. Even where courts do award sole physical custody , the parties often still share joint legal custody, and the noncustodial parent enjoys a generous visitation schedule. In that situation, the parents would make joint decisions about the child's upbringing, but one parent would be deemed the primary physical caretaker, while the other parent would have visitation rights. Call Maryland Custody Lawyer Jack Hyatt at 410-486-1800.
Courts generally won't hesitate to award sole physical custody to one parent if the other parent is deemed unfit -- for example, because of alcohol or drug dependency, a new partner who is unfit, or charges of child abuse or neglect.
It's understandable that there may be animosity between you and your ex-spouse. But it's best not to seek sole custody unless the other parent causes direct harm to the children. Even then, courts may simply allow supervised visitation, while still ordering joint legal custody.
Joint Custody
Parents who don't live together have joint custody (also called shared custody) when they share the decision-making responsibilities for, and/or physical control and custody of, their children. Joint custody can exist if the parents are divorced, separated, or no longer cohabiting, or even if they never lived together. Joint custody may be:
joint legal custody
joint physical custody (where the children spend a significant portion of time with each parent),
or
joint legal and physical custody.
It is common for couples who share physical custody to also share legal custody, but not necessarily the other way around. Call Maryland Custody Lawyer Jack Hyatt at 410-486-1800.
When parents share joint custody, usually they work out a schedule according to their work requirements and housing arrangements and the children's needs. If the parents cannot agree on a schedule, the court will impose an arrangement. A common pattern is for children to split weeks between each parent's house or apartment. Other joint physical custody arrangements include:
alternating months, years, or six-month periods, or spending weekends and holidays with one parent, while spending weekdays with the other.
Joint custody has the advantages of assuring the children continuing contact and involvement with both parents. And it alleviates some of the burdens of parenting for each parent. There are, of course, disadvantages:
Children must be shuttled around.
Parental noncooperation or ill will can have seriously negative effects on children. Maintaining two homes for the children can be expensive.
If you do have a joint custody arrangement, maintain detailed and organized financial records of your expenses. Keep receipts for groceries, school and after-school activities, clothing, and medical care. At some point your ex may claim she or he has spent more money on the kids than you have, and a judge will appreciate your
Bird's Nest Custody
Bird's nest custody is a joint custody arrangement where the children remain in the family home and the parents take turns moving in and out, spending their out time in separate housing of their own. Call Maryland Custody Lawyer Jack Hyatt at 410-486-1800.
The terms "sole custody" and "joint custody" are somewhat generic.
They represent categories of custody, but custody itself is best understood as a continuum, as unique as the parents who divorce.
Imagine a continuum with parents who are completely cooperative at one end and a single parent raising children alone, with no involvement on the part of the other parent, at its other end. At the cooperative extreme, parents may live next door to each other and the children may go back and forth interchangeably. At the other, the non-custodial parent may have died or disappeared. While the former example is more usual than the latter, your family probably falls somewhere in between
Types of Custody
In general, legal custody refers to whether one or both of the parents make legal decisions regarding the child - such as educational, medical or religious choices. A court can give parents joint legal custody, in which case they make such decisions together, or give one parent sole legal custody, in which case that parent makes decisions alone, although the other still has a right to be kept fully informed.Physical custody refers to the child's living arrangements. A court can give both parents physical custody, in which event they share parenting time on an approximately equal basis, or it can give one parent primary physical custody and the other more limited parenting time.
It is possible for a court to award joint legal and joint physical custody to the parents. However, a court can also award joint legal custody, but give one parent primary physical custody. On rare occasions (such as when one parent is mentally impaired but otherwise a positive influence), a court may even award sole legal custody to one parent, with a shared physical custody arrangement. Call Maryland Custody Lawyer Jack Hyatt at 410-486-1800.
Factors to Consider
What's best for your children depends on many factors.
You and your spouse would be good candidates for joint legal custody if:Both of you are good parents;
Each of you trusts the other to be a good parent;
Each of you has the maturity to set aside the personal differences that gave rise to the divorce because your primary focus is on doing what's best for your children;
and There is no history within your relationship of domestic violence or other control issues that would make joint decision-making difficult or impossible. The very worst place for children to be is at the center of ongoing conflict between their parents. Call Maryland Custody Lawyer Jack Hyatt at 410-486-1800.
Parents Working Together
Regardless of whether or not joint custody is appropriate for your case, please understand that parents can and should attempt to work together in most cases, even when one parent has sole custody. There are unusual situations in which the other parent is so harmful that your duty, as a good parent, is to protect your children from him or her. Fortunately, this is rare. In the vast majority of cases, children of divorce will do best when both parents take a positive and active role, and each encourages an ongoing, meaningful relationship with the other.
The Importance of Consulting an Attorney
There are many ways in which custody issues impact divorce.
To explore the various types of custody in adequate detail and evaluate which may be best for your children, consult with a competent domestic relations attorney.
Please keep in mind that custody should be done right the first time. If you enter into a custody agreement that is inappropriate, or if the court is presented with inadequate information upon which to enter orders, the impact on your children can be negative. Even so, once custody orders are entered, they can be extremely difficult, and in some cases impossible, to modify.
This is true regardless of whether those orders were the result of negotiated settlement or litigation.
You could end up in court (or back in court if the case was initially decided by a judge) attempting to re-litigate issues you thought were settled. Worse yet, you might be unable to convince the court to change custody and visitation orders that harm your children. Call Maryland Custody Lawyer Jack Hyatt at 410-486-1800.
Therefore, it is essential to focus from the outset on obtaining custody orders that best serve their needs.
Children are Priceless
Attorneys are expensive but children are priceless.
Even if you and your spouse are in agreement about custody and visitation, I recommend you consult with a competent domestic relations attorney before making any important decisions.
Temporary Custody
"De facto" (means "in fact") custody refers to who actually has custody of the child at this time. This can be different from "court ordered custody". In order to formalize custody before you begin litigation, you will need to file for temporary custody.Temporary custody will be based on the "best interests" of the child standard. It is not an "initial" award of custody. Instead it is temporary custody while you wait for the court to hold a hearing. Call Maryland Custody Lawyer Jack Hyatt at 410-486-1800.
Sole Custody
- Custody is made up of: legal custody and physical custody. A person with legal custody has the right to make long range plans and decisions for the education, religious training, discipline, non-emergency medical care and other matters of major significance concerning the child's welfare. A person with physical custody has the child living primarily with them and they have the right to make decisions as to the child's everyday needs. Sole Custody is when both legal and physical custody are given to one parent. The child has only one primary residence.
Split Custody
- Split custody is easiest to describe in a situation where there are two children and each parent obtains full physical custody over one child. Some of the considerations that may bring about this result are age of the children and child preference.
Joint Custody
- Joint Custody is actually broken down into three categories: Joint Legal, Shared Physical, and Combination.
Joint Legal custody is where the parents share care and control of the upbringing of the child, but the child has only one primary residence.
In Shared Physical Custody the child has two residences, spending at least 35% of their time with the other parent.
Additionally, you can make your own special joint custody agreement that is any combination of Shared Physical and Joint Legal Custody. One example of this is when there is one residence for the child and the parents live with the child there on a rotating basis.
The court looks very closely at Joint Custody agreements. The most important factor to Joint Legal Custody to Shared Physical Custody is the ability of the parents to talk about and reach joint decisions that affect the child's welfare. If you are constantly fighting over what religion or what school, the court may strike down your agreement. Call Maryland Custody Lawyer Jack Hyatt at 410-486-1800.
Other factors include:
willingness to share custody; fitness;
child's relationships with parents;
child's preference;
ability to stabilize child's school and social life;
closeness to parent's homes (primarily a factor during the school year) ;
employment considerations (e.g. long hours, extensive travel, etc.);
age and number of children;
financial status;
benefit to parent.
Additionally, the sincerity of the parties involved is important. The court will want to make sure that joint custody isn't being traded for concessions on other points. Another consideration is whether the grant of joint custody will affect any assistance programs.
Currently, Welfareand Medical Assistance are affected based on the award of Joint Legal Custody. Be sure to check with your contact at any social service agencies before entering into an agreement or you may be jeopardizing your benefits. This list is not meant to be complete and the court will hear anything that they believe to be relevant. Call Maryland Custody Lawyer Jack Hyatt at 410-486-1800.
Best interests of the child
Suitability of each parent as custodian Psychological, emotional, and developmental needs of the child Ability of the parents to communicate Prior and continuing care that the parents have given the child Wishes of the child Safety of the child
Custodial agreements of the parents
History of domestic abuse
We zealously represent the best interests of mothers, fathers, grandparents and other interested parties in custody controversies without putting children in the middle of the dispute. We are committed to providing the most effective level of service to each of our valued clients in a caring and compassionate manner. We handle child custody issues including:
What are some common terms?
Legal Custody - the parent with legal custody can make all decisions regarding the health, welfare and education of the child.
Physical Custody - determines which parent has the actual, physical right to be with the child. Call Maryland Custody Lawyer Jack Hyatt at 410-486-1800.
Sole Legal Custody - when one parent is awarded sole legal custody, that parent makes all decisions regarding the health, education and welfare of the child (and the other parent has no input on these decisions)
Sole Physical Custody - when one parent is given sole physical custody, the child remains with him/her and the other parent is excluded from having physical custody of the child (typically when the other parent has abused or neglected the child)
Joint Legal Custody - both parents participate in reaching decisions regarding the health, education and welfare of the child.
Joint Physical Custody - both parents have the ability to be with the child, typically joint physical custody is coupled with a parenting plan to determine who will be with the child at what particular time.
Shared Custody - both parents equally share the legal and physical custody of the child. Typically found only where both parents are able to resolve their personal differences and keep them in check for the sake of raising the child in a caring, nurturing environment. Call Maryland Custody Lawyer Jack Hyatt at 410-486-1800.
What is the difference between custodial parent and non-custodial parent?
The custodial parent is the term that is used for the parent that has primary physical custody of a child. Typically the child resides with the custodial parent.
The term non-custodial parent is used for the parent that has the child for a lesser amount of time. Typically the child does not reside with the non-custodial parent except during the time that the non-custodial parent exercises his/her visitation right with the child.
Typically, the child is either with the custodial parent or the non-custodial parent but not both. This arrangement comes as a result of the separation of the parents and both parents maintaining separate residences. The child resides with the custodial parent most of the time and the non-custodial parent spends time with the child during periods of child visitation. This way, both parents get to spend time with the child despite having separate residences.
What is child visitation and a ‘parenting plan’?
Custody and visitation are considered at the same time since the factors and circumstances taken into consideration by the court in making these determinations are essentially the same.
The term "child visitation" refers to the time when the non-custodial parent has the right to be with the child. The custodial parent's right to be with the child is often subject to the non-custodial parent's right to visit with the child. Call Maryland Custody Lawyer Jack Hyatt at 410-486-1800.
The term "parenting plan" refers to the agreement between the parents or the court order which defines provisions for custody and visitation. It determines whether one or both parents has the ability to make decisions regarding the health, education and welfare of the child. The parenting plan also defines when the child is to be with the non-custodial parent.
What are some common arrangements for child visitation?
Child visitation, often pursuant to a parenting plan, can take a variety of forms or schedules. Some common arrangements include some of the following provisions:
(1) Alternate weekend visitation with the non-custodial parent, including "three-day holidays"
(2) Mid-week visitation with the non-custodial parent
(3) Sharing of the child during periods of school recess -winter, spring and summer
(4) New Year's Eve, Easter, Rosh Hashanah and Yom Kippur, Thanksgiving, and Christmas with one parent or the other in alternate years (click here for a useful article on holiday visitations)
(5) Mother's Day with Mother, Father's Day with Father
(6) Alternate years on the child's birthday
(7) Open telephone contact by the parent who does not have actual physical custody of the child
(9) Exchange of a few days of visitation here and there as mutually agreed without the need for a change or modification of the court order
What factors go into determining custody and visitation?
The primary consideration is, "What is in the best interest of the child?" The focus is from the viewpoint of the child as opposed to the wants and desires of one parent or the other. Call Maryland Custody Lawyer Jack Hyatt at 410-486-1800.
Some states have established a general rule that it is in the best interest of a child to have continuing and frequent contact with both parents and the parent who is most supportive of this concept becomes the custodial parent. If one parent attempts to undermine the relationship between the child and the other parent, this factor could be considered in providing custody or additional visitation to the other parent. In California, the impact of a proposed move on a noncustodial parent’s relationship with his children may be considered a relevant factor in determining what is in the best interests of the child.
The best interest of a child is determined on a case-by-case basis upon consideration of all relevant facts concerning the circumstances of both parents.
Do the wishes of a child have any influence in custody decisions?
Some states (NOT ALL) allow children of sufficient maturity to have an impact upon the determination of custody and visitation by considering their desire to reside with one parent or the other. Judges will listen closely to the child's stated preference and his or her reasons. The child does not have the final say and it will be the judge's decision just how much consideration is to be given to the child's wishes, depending on age, maturity, and the quality of the reasons. The overriding question will always be: what is in the child's best interest?
What if the child's best interest does not coincide with the parents' personal desires?
It may be in the best interest of the child to remain in the home with people he has lived his entire life rather than be uprooted after the loss of his mother and transferred to someone he does not know. Call Maryland Custody Lawyer Jack Hyatt at 410-486-1800.
If the natural father challenges the issue and desires custody the court will have a difficult decision to make. If he agrees to the change of custody, the court should most likely grant it. The situation is similar to a step-parent adoption where the state tends to be more lenient in the examination it makes before it grants the change of custody. In this case the natural parent in the household will have passed away; however the child has been living in the home with the stepparent and, if thriving, the court may grant it.
What if both parents agree on child custody and visitation?
This is the ideal situation. Absent extenuating circumstances (such as abuse or neglect), the parenting plan agreed upon by both parents becomes the parenting plan. If the issue of child custody and visitation is not raised in a court action, the agreements worked out between the parents is left undisturbed. The agreement does not have to be reduced to a writing signed by both parents but a written, signed parenting plan is preferable for future reference. In addition, a written, signed parenting plan can typically be entered as a Stipulation between the parties and then issued as a court order for future enforcement purposes.
What if the parents disagree on child custody and visitation?
Most states require both parents who are unable to reach an agreement on the issues of custody and visitation to participate in a mediation session to work out such a plan. In the mediation session, both parents meet with a third-party, typically an experienced attorney or social worker, to discuss relevant factors in an effort to reach an agreement. Many contested issues of custody and visitation can be resolved in a mediation session and this session typically results in an agreement which then can be presented as a Stipulation for issuance as a court order.
Should mediation of custody and visitation disputes fail, the parents can then pursue litigation of unresolved issues. A court hearing will be conducted and evidence presented. Often expert witnesses, such as psychologists and licensed social workers, will be called to present evidence for consideration by the court. After the court has received such evidence, it is then in a position to make an order regarding custody and visitation.
Custody and visitation disputes can be very difficult and expensive to resolve. An agreement by both parents is the preferred course of action since a joint parental decision is more likely to be followed than if an outsider makes a decision for them. Call Maryland Custody Lawyer Jack Hyatt at 410-486-1800.
Can expert witnesses be used in custody battles?
Because of their lack of familiarity and formal training in the field, often times judges will put much stock in the testimony and written recommendations of experts in custody disputes. Experts in the field of child psychiatry or psychology or mental health will perform custody evaluations of the family with written conclusions and recommendations to the court based on their observations. The evaluations will cover the activities of each parent, the home life, parenting skills, relationships to the child, and the child’s feelings and preferences. One of two possible outcomes will occur: the recommendation of the professional will be accepted by all parties (judges, lawyers, parents) or everyone goes off to court to let the judge make the decision.
Does religion enter into the determination of child custody?
No -- theoretically. Whether one parent practices a religion or not is normally not a factor in deciding custody, unless there is evidence of potential or present harm to the child, such as if the parent engages in unusual "cult" activities or has an unorthodox lifestyle that might likely put the child in danger or be detrimental to the best interest of the child.
Does an extramarital affair have an impact on custody?
It could, depending on the facts of the case. Generally-speaking, a discrete affair will normally not be a consideration in determining custody. It will become a significant (possibly negative) factor if the relationship represents a threat, has harmful sexual overtones, or puts the child in embarrassing situations.
If there is a live-in situation, the judge will evaluate, among other relevant circumstances, the relationship between the child and the other live-in partner and any evidence of present or potential harm from the situation in determining whether this should be a factor to consider.
Can custody rights be modified?
Absolutely. You can go back to court to change a custody order if there is a substantial change of circumstance that has a significant, adverse effect on the child (such as visitation problems, erratic behavior, relocation and impact on child-parent relationship, change in employment, residence, or marital status). Because we live in a highly mobile society, it is strongly recommended that you periodically evaluate the parenting plan. The courts recognize that many factors (such as, children’s age, relationship with both parents, the parents’ relationship, the wishes of the children) can be altered over a period following divorce and, though reluctant to change the parenting custody plan, the courts will do so if it is clearly necessary and in the best interest of the child. Call Maryland Custody Lawyer Jack Hyatt at 410-486-1800.
Alternatively, the ex-spouses can voluntarily modify the last order by agreeing to changes between themselves. If there is a departure from the last custody order, it is best to put the new current changes in writing; oral agreements are difficult to enforce.
What if I do not like the present custody order? Can I file for custody in another state?
Bouncing cases across state lines in search of a "favorable" judge who "sees it your way" was very common for years, made a mess of custody actions, until the enactment of the Uniform Child Custody Jurisdiction Act (UCCJA for short). Adopted by all states, it avoids the competition and conflict for jurisdiction between courts of different states. Courts cannot take custody cases unless the child has lived in the state for a certain period of time immediately preceding the filing of the lawsuit. Furthermore, a court cannot reiterate the custody awards of another state, unless there is a genuine emergency and even then, the modifications would be limited to the emergency, not to wholesale changes in the original custody arrangement. The bottom line, most likely, is going back to the state where the last custody order was issued.
Can visitation be denied to a non-custodial parent?
Yes, but this occurs only in extreme cases. When one parent has abused or neglected a child, placed the child in dangerous situations, threatened removal of the child from the state, or abuses alcohol or illicit drugs, this parent's right of visitation can be denied and the other parent awarded sole legal custody and sole physical custody. Denial of visitation is not the norm and strong evidence must be presented in a court hearing to deny a parent from having any visitation rights.
In less extreme cases, visitation could be allowed but subject to certain restrictions. For example, a court order an alcoholic or drug addicted parent to refrain from use of alcohol or illicit drugs in the presence of the child and submit to regular alcohol and drug tests to show that s/her is "clean." A parent who has been accused of neglecting a child in the past or threatening to take the child away from the other parent may have visitation restricted on the basis that it take place only when supervised by a qualified third-party (so called "supervised visitation"). Supervised visitation is preferred to denial of visitation on the basis that there is a strong public policy to promote continuing and frequent contact between the child and both parents -having the visit supervised is better than completely denying the non-custodial parent the ability to spend time with his/her child.
What happens when visitation rights are frustrated?
Frustration of visitation occurs when the custodial parent takes steps to prevent the non-custodial parent from having contact with the child. This could be an innocent isolated occurrence, such as taking a child to a doctor to receive medical attention at the time the non-custodial parent is to arrive at the residence to pick-up the child for a scheduled visit. On the other end of the spectrum, when one parent "disappears" with the child, this could be a kidnapping or abduction which would result in criminal prosecution. Call Maryland Custody Lawyer Jack Hyatt at 410-486-1800.
Frustration of visitation could be the grounds for modification of or termination of custody rights.
If child support is not paid, must visitation be allowed?
Yes. The issues of child visitation and child support are separate issues. Failure to pay child support is typically insufficient grounds to stop the right of the non-custodial parent to visitation with his/her child. Visitation is typically ordered by a court in the best interest of the child to promote love and affection with both parents - custodial and non-custodial alike. Child visitation is vital to the non-custodial parent so that a meaningful relationship between child and parent can be maintained or established. On the other hand, child support is based upon the financial needs of the child and the ability of both parents to provide for the child's financial needs. Thus it is typically treated as a separate issue, the failure of one not having a determinative effect upon the other.
The custodial parent must continue to allow visitation with the child despite failure of the non-custodial parent to pay child support. Although this may be very frustrating to some, if the custodial parent "frustrates" the right of the non-custodial parent to visit with the child, the non-custodial parent could ask the court to change custody of the child based upon this frustration of visitation even though s/he is delinquent in payment of child support.
What is a visitation exchange?
A visitation exchange takes place every time a child goes from the physical custody of one parent to the other. In cases where both parents are able to set aside their personal differences for the sake of the child, there is usually no problem with the visitation exchange - one parent simply goes to the residence of the other to pick up the child.
Visitation exchanges become problematic when the personal differences between the parents are not settled. In the extreme, a domestic violence case makes the visitation exchanged difficult to handle, especially when restraining orders are in effect (such as an order that both parents are to stay at least 100 yards away from one another and may not go to the residence of the other).
In these difficult cases, visitation exchanges can be conducted in a public place - a restaurant where one parent can sit in the back and then send the child to the front, in a local police station, hospital or library - places where there are a lot of people around who would notice if an argument between the parents erupted. In extreme cases, one parent would leave the child with a visitation supervision monitor and the other parent would arrive 15 minutes later, the visitation would proceed under the supervision of the third-party monitor, and then the visiting parent would leave 15 minutes before the other parent returns to pick-up the child. Creative visitation exchanges are sometimes necessary to allow visitation while keeping separation between the parents to reduce the possibility for violence between them. Call Maryland Custody Lawyer Jack Hyatt at 410-486-1800.
at if the custodial parent wants to move away from the non-custodial parent?
Where the relocation distance is small, there might not even be a material change in circumstance upon which a parent could move the court to modify an existing custody and visitation order. Since typically a material change of circumstance is required before a court will modify an existing custody or visitation order, a move across town ordinarily is an insufficient basis upon which the existing order would be changed. Although the relocation may make the visitation exchange more difficult, it may remain practical to comply with the existing order, so no change would be made.
Where the relocation distance is great, the case becomes more complex. The primary factor of best interest of the child continues to be considered along with facts such as (1) the existing custody and visitation arrangement, (2) the attachment and support of the non-custodial parent and other relatives, (3) the child's ties to the community, school, church or synagogue, and friends, and (4) the child's desires and wishes. Only a small minority of states require a custodial parent to get the written consent of the non-custodial parent or a court order based upon a finding of the court that it is in the best interest of the child to allow the move. In many states, a custodial parent can relocate if there is a valid reason for the relocation and the move does not result in harm to the child.
The ability of the child to have continuing and frequent contact with both parents, without a detrimental effect due to the relocation, is the primary consideration for a court in modifying an existing order to allow the relocation. The modified order of the court could provide additional time with the non-custodial parent during summer and other school recesses and the obligation of the custodial parent to pay the additional transportation expenses incurred in facilitating the visitation exchange. In California, the impact of a planned long-distance move on a noncustodial parent’s relationship with his children may be considered before the children can be moved out of the state. If the moveaway will detrimentally harm the relationship between a child and a parent, together with other factors, it may be sufficient to justify a change in custody to the other parent.
Custodial parents who move away with the child without providing notice to the other parent may not only face a change in custody to the other parent but also criminal charges of kidnapping. Before any move is entertained, the non-custodial parent should be informed of the impending move and an effort made to reach a mutually acceptable parenting plan based upon the proposed location of both parents.
A relocation by the custodial parent requires careful consideration of the non-custodial parent's rights as early in the planning process as possible. Move-away cases can become very difficult to resolve and court involvement can be both costly and time consuming. Thus, leaving in the dead of the night without leaving a forwarding address could have very detrimental effects to the custodial parent. Call Maryland Custody Lawyer Jack Hyatt at 410-486-1800.
Do grandparents have visitation rights?
The simple answer is "yes, but". The "but" is due to the limitations under which grandparent visitation can be ordered by a court. Grandparents typically may join an action between the parents, or even start an independent action, for the purpose of obtaining a court order for visitation with grandchildren.
The problem is that the grandparent may have to prove to the court that harm will occur to the grandchild in the absence of visitation. Since it is typically viewed that parents have a fundamental right to the care, custody and management of their child, only a compelling interest would be sufficient to allow a state (via its courts) to interfere with the parent's right to raise his/her child without such interference. This may be difficult to prove, since the grandparent has the obligation to prove that harm will result to the child's health and welfare should the court not order the parents to allow visitation with the grandparent. This is a difficult burden of proof to sustain.
Can grandparents be awarded custody of their grandchild(ren)?
With respect to custody, while either parent is alive, there is typically a preference that custody of a child be with the parent. In the event of the death of one of the parents, the other surviving parent ordinarily has a preference in law for the custody of a child. When both parents are dead, ordinarily custody is preferred to go to a blood relative, providing a grandparent with a viable opportunity to show the court that it is better for the child to be in his/her custody as opposed to other blood relatives. Courts will consider the age, health, and financial ability of the grandparent(s) to support and care for a child.
Can nonbiological parents be awarded custody?
Courts in the past have usually awarded custody to someone other than the biological or natural parents in cases of abandonment or chronic abuse. This has begun to change in recent years. Judges are awarding custody to anyone with an interest in the child (e.g., stepparents, godparents, aunts, uncles, surrogates) who can introduce evidence as to why they would be the better custodians than the natural parent(s). Again, the court’s guiding principle will be the welfare of the child.
My ex does not deliver our teenage son at the scheduled times/days. How do I go about enforcing the schedule as worked out in the court degree?
One approach is to have an attorney send a "lawyer's letter" on your behalf to the dad explaining that dad doesn't get to decide when you see the boy; the court does. This provides a little muscle to show you are serious and that you've gotten a lawyer involved. If the ex is reasonable, he/she may think twice. If dad doesn't show up, the attorney can file a motion for contempt, asking for attorney fees and costs as a sanction. Call Maryland Custody Lawyer Jack Hyatt at 410-486-1800.
Also, each time dad doesn't deliver the boy, call the police and ask them to accompany you to the house to get the boy. (Take a certified copy of the visitation order.)
What qualifies as a ‘material change of circumstances’?
This could be the remarriage of one of the parties. Another is that the custodial parent wants to leave the state. One more is a change of health (such as a progressively chronic illness or disease) or economic circumstances (such as losing a job) that will effect the child. Finally, a change in the custodial parent's lifestyle -- such as working nights -- might merit a change. Proving the change of circumstances is a prerequisite to having the case heard. The court will still decide this question based on the best interests of the child.
My son is going through a divorce. I am afraid that his wife will exclude us from seeing our grandchild. Can she do this?
Grandparents are included in what Virginia refers to as parties with a "legitimate interest" in the law governing child visitation. The court also takes the child's interests into account when it comes to deciding custody. The child's relationship with his extended family including grandparents is one of the factors when custody is decided. In the event of a divorce the grandparents could intervene with a petition to request visitation. Interestingly, there is case law in Virginia that indicates that grandparents can be excluded from visitation when the family is intact. Still, married parents can exclude others from visitation based upon their right to raise their family in private and in their own manner.
You certainly have the opportunity to see your grandchildren when they are with your son. The court may allow additional visitation for you as well because in your case the family is not intact. Your son has input into the visitation arrangements for the children as well as the mother.
There is a brand new case from the Supreme Court of the United States that has effected grandparents’ visitation rights. It can also effect the Virginia law on this subject. In that case the mother had the ability to allow or disallow visitation with the grandchild because of her right to "privacy" in how she raised her child and was able to dictate the visitation rights. However, in that case the child's father had died and the father was not involved. Your case is different in that your son is still involved in the decision.
If you wish to contest the matter you may want to seek separate counsel from your son to prevent a conflict and make sure your case is presented in your best interests. Call Maryland Custody Lawyer Jack Hyatt at 410-486-1800.
When does child support begins?
The Maryland Court may only help you with child support from the time you actually file a request for the Court to make a finding that child support is due. The Court does not go back to the date the parties separated if no case has been filed. Prompt filing is imperative for the Court to grant retroactive support.
Who is covered?
Any Child(ren) born to the parties whether they are married or not. If their is a question about the legitimacy of a Child the Court can Order a paternity test.
I just lost my job. Will the Court go back to date I was terminated?
No, a modification of a Maryland child support order runs from the date of actual filing for a modification. If you wait two months from termination to file for a change in your child support obligation the Court can only grant you relief from the date you filed your request, not the date you were terminated.
How does Maryland determine child support?
The Maryland legislature enacted a child support statute that encompasseschild support guidelines. The guidelines are more complex then in many states that simply use a percentage. Maryland takes each parent's actual gross income and then takes into consideration:
(A) preexisting child support actually paid;
(B) health insurance premiums;
(C) alimony (either paid in your current case or another case you are involved in);
(D) Work-related child care expenses (Daycare, After school, etc.;
(E) extraordinary medical expenses;
(F) additional expenses (which may include: special or private school, transportation between parents' homes)
How do I determine "Actual income"?"Actual income," consists of but not limed to:
(A) Salaries;
(B) Wages;
(C) Commissions;
(D) Bonuses;
(E) Dividend income;
(F) Pension income;
(G) Interest income;
(H) Trust income;
(I) Annuity income;
(J) Social Security benefits;
(K) Workers' compensation benefits;
(L) Unemployment insurance benefits;
(M) Disability insurance benefits;
(N) Alimony or maintenance received.
(O) Regular payments received from a relative (You parents send you money every month);
(P) Other fringe benefits from employment, i.e. automobile, cell phone, cable or internet service etc. that you might have paid for even if you did not have your current job)
What about overtime?
If you get regular overtime and not occasional overtime the Court may include this as "actual income". This is a case by case situation that need to be carefully looked at. If you get overtime once every 3 or 4 months for one hour will be looked at differently then 5 to 10 hours every week.
Will they consider private school?
If the parties had previously agreed on private schooling the Court will look at the past history and what is in the best interest of the child. However, if the parties can not afford to continue paying for private schooling the Court may decline to include the cost of private school. Again this is on a case by case basis. Call Maryland Custody Lawyer Jack Hyatt at 410-486-1800.
What is the formula for Maryland Child Support Guidelines?
Maryland uses a table of mathematical numbers taking into account the number of children, overnights of greater then 128 nights and factors discussed in this FAQ article.Child support guidelines do not apply if the combined adjusted income in excess of $10,000.00The Courts may, but rarely deviate from child support computations below combined incomes of $10,000.00 per month.Most Court use SASI-Calc software to determine the Maryland Child support. Http://www.sasi-calc.com
What is shared custody?
If the parties child(ren) spends in access of 128 overnights per year or 35 percent of the time with either parent the Court utilizes at separate formula recognizing more of a shared cost approach to determine Child support.
What if obligor quits his job to avoid paying Child support?
A person required to pay child support may not deliberately quit his job to avoid Child Support. This is called involuntary impoverishment. The Court can fine the non-paying parent in contempt of Court and incarcerate them. The Maryland office of Child support can ask for a tax intercept of any tax refunds, pull their right to drive in Maryland and even deny them the right to a certain travel/passport/visa rights if the arrearage reaches a certain amount thru state and federal reporting systems.
General glossary of terms used in this FAQ:
Plaintiff: The party bringing the cause of action to the court.
Defendant: The party against whom the cause of action is being brought.
Number of Children: The number of children under the age of eighteen years for whom support payments are being sought. ONLY INCLUDE MINOR CHILDREN. Indicate the number of children, their legal names, and their birth dates.
Custody Types (Shared, Sole)
Shared Custody: Shared custody is generally where one of the parents has the child(ren) more than 128 nights per year, but less than 236 nights. You can change the number of nights and the SASI-CALC will calculate the appropriate support number.
Sole Custody: Sole custody is where one has been granted primary custody of the minor child(ren) and the other party has less than 128 nights visitation.
Monthly Income: The gross amount of money earned, before taxes, including
regular over-time and part-time pay, per month. If the pay period is not a monthly pay period, press the “Calc” button adjacent to the field to pop up the monthly calculator, which will convert various common pay periods to a monthly amount.
Pre-existing child support: If child support payments are already being made by one or both parties, the amount should be entered in these fields.
Health Insurance: This is the amount that one or both of the parties pays in health insurance premiums for the child(ren). Usually it is the difference between the total monthly premium payment for a family and the total monthly premium for a single person. Call Maryland Custody Lawyer Jack Hyatt at 410-486-1800.
Alimony Paid: Enter the amount of money that one or both parties is paying in alimony to a person from a prior marriage.
Alimony Paid In This Case: Enter the amount of money the Court has ordered that one of the parties in this cause of action pay the other in alimony.
Child Care: Enter the amount of money paid to provide daycare or similar custodial care to provide supervision ofa minor child(ren).This can also include live-in care under certain circumstances. In shared custody cases insert each parties contribution.There may also be circumstances where the non-custodial parent is paying for child care and SASI-CALC will take this into consideration when entered.
Extraordinary Medical expenses: This is where the child(ren) has unusual physical, psychiatric, dental or similar extraordinary medical expenses. This should be broken down into a monthly figure.
Additional expenses: Enter monthly amount paid for a special tutoring, private instruction (i.e.dance or music lessons), private schooling, etc. Information about additional expenses should be explained in the comments field.
Recommended payment: This field displays the payment calculation performed by the SASI-CALC program. This field will display the correct payment recommendation after the calculate button is clicked on the main form. This field is not a user modifiable field. Call Maryland Custody Lawyer Jack Hyatt at 410-486-1800.
Non-Statutory Computation
If you have entered income greater than $10,000 combined income per month the current statute does not address the required level of child support and is subject to the discretion of the court.The program has extrapolated at the same percentages of child support applied to the highest level of income covered by the statute and applied this percentage to the income in excess of $10,000.00.There are numerous alternatives for calculating child support on income in excess of the guidelines. This program has adopted one of the most commonly accepted methods. You should consider all options or variations in the light most favorable to your position.
HOME
When does child support begin?
The Maryland Court may only help you with child support from the time you actually file a request for the Court to make a finding that child support is due. The Court does not go back to the date the parties separated if no case has been filed. Prompt filing is imperative for the Court to grant retroactive support.
Who is covered?
Any Child(ren) born to the parties whether they are married or not. If their is a question about the legitimacy of a Child the Court can Order a paternity test.
I just lost my job. Will the Court go back to date I was terminated?
No, a modification of a Maryland child support order runs from the date of actual filing for a modification. If you wait two months from termination to file for a change in your child support obligation the Court can only grant you relief from the date you filed your request, not the date you were terminated.
How does Maryland determine child support?
The Maryland legislature enacted a child support statute that encompasseschild support guidelines. The guidelines are more complex then in many states that simply use a percentage. Maryland takes each parent's actual gross income and then takes into consideration:
to request a new link or modify an existing one AFTER YOU HAVE ADDED OUR SITE.
Copy and paste the following HTML code into your website's link page:
<a href="http://www.marylandcustody.com">Maryland Custody Lawyer - Jack Hyatt 410-486-1800</a><br>
Aggressive Custody Lawyer in Maryland. 410-486-1800 24/7 We can help.
Be sure to include your site name, url, description and location of our link.
Thank you for your interest in exchanging links!
(A) preexisting child support actually paid;
(B) health insurance premiums;
(C) alimony (either paid in your current case or another case you are involved in);
(D) Work-related child care expenses (Daycare, After school, etc.;
(E) extraordinary medical expenses;
(F) additional expenses (which may include: special or private school, transportation between parents' homes)
How do I determine "Actual income"?"Actual income," consists of but not limed to:
(A) Salaries;
(B) Wages;
(C) Commissions;
(D) Bonuses;
(E) Dividend income;
(F) Pension income;
(G) Interest income;
(H) Trust income;
(I) Annuity income;
(J) Social Security benefits;
(K) Workers' compensation benefits;
(L) Unemployment insurance benefits;
(M) Disability insurance benefits;
(N) Alimony or maintenance received.
(O) Regular payments received from a relative (You parents send you money every month);
(P) Other fringe benefits from employment, i.e. automobile, cell phone, cable or internet service etc. that you might have paid for even if you did not have your current job)
What about overtime?
If you get regular overtime and not occasional overtime the Court may include this as "actual income". This is a case by case situation that need to be carefully looked at. If you get overtime once every 3 or 4 months for one hour will be looked at differently then 5 to 10 hours every week.
Will they consider private school?
If the parties had previously agreed on private schooling the Court will look at the past history and what is in the best interest of the child. However, if the parties can not afford to continue paying for private schooling the Court may decline to include the cost of private school. Again this is on a case by case basis. Call Maryland Custody Lawyer Jack Hyatt at 410-486-1800.
What is the formula for Maryland Child Support Guidelines?
Maryland uses a table of mathematical numbers taking into account the number of children, overnights of greater then 128 nights and factors discussed in this FAQ article.Child support guidelines do not apply if the combined adjusted income in excess of $10,000.00The Courts may, but rarely deviate from child support computations below combined incomes of $10,000.00 per month.Most Court use SASI-Calc software to determine the Maryland Child support. Http://www.sasi-calc.com
What is shared custody?
If the parties child(ren) spends in access of 128 overnights per year or 35 percent of the time with either parent the Court utilizes at separate formula recognizing more of a shared cost approach to determine Child support.
What if obligor quits his job to avoid paying Child support?
A person required to pay child support may not deliberately quit his job to avoid Child Support. This is called involuntary impoverishment. The Court can fine the non-paying parent in contempt of Court and incarcerate them. The Maryland office of Child support can ask for a tax intercept of any tax refunds, pull their right to drive in Maryland and even deny them the right to a certain travel/passport/visa rights if the arrearage reaches a certain amount thru state and federal reporting systems.
General glossary of terms used in this FAQ:
Plaintiff: The party bringing the cause of action to the court.
Defendant: The party against whom the cause of action is being brought.
Number of Children: The number of children under the age of eighteen years for whom support payments are being sought. ONLY INCLUDE MINOR CHILDREN. Indicate the number of children, their legal names, and their birth dates.
Custody Types (Shared, Sole)
What is custody?
Custody is the physical care and supervision of a child (under 18 years of age) and the legal responsibility of the child’s long term needs. When the court issues a custody order, it will address these two parts of custody:
Physical custody
The term physical custody is used to describe the person who lives with the child on a day-to-day basis, and has the right to make decisions regarding the child’s everyday needs. (1)
Legal Custody
A person with legal custody has the responsibility of making all the long range plans and decisions for the child's education, religious training, discipline, non-emergency medical care and other matters of major significance to the child’s welfare. Call Maryland Custody Lawyer Jack Hyatt at 410-486-1800.(2)
What is sole custody?
When one parent is given both physical and legal custody, they have sole custody of the child. When a parent has sole custody, the child lives with that parent on a day-to-day basis, and has a right to make both short-term and long-range plans about the child’s welfare.
What is joint custody?
Joint custody is actually broken down into 3 categories:
Joint Legal Custody- The parents share care and control of the child's upbringing, but the child has only one primary residence.
Shared Physical Custody- The child has two homes, but spends at least 35% of their time with the each parent.
Your Own Custody agreement that is a combination of the Joint Legal Custody and Shared Physical Custody. Example: The child has one home and the parents live there on a rotating basis.(3)
Is there any difference between custody and visitation?
Yes. Custody awards one parent or both parents the right to provide care and supervision for the child, and the right to make long-term decisions for the child. Visitation is sometimes awarded to the parent who does not have physical custody of the child. Visitation usually involves timed visits with the child that are either supervised or unsupervised. Visitation does not award decision-making responsibility or long-term care of the child. Call Maryland Custody Lawyer Jack Hyatt at 410-486-1800.
What are some of the advantages and disadvantages of getting a custody order?
Some people decide not to get a custody order because they don't want to get the courts involved. They may have an informal agreement that works well for them or may think going to court will provoke the other parent.Getting a custody order can give you:
The right to make decisions about your child
The right to have your child live with you
If you decide not to get a custody order, then you and the other parent may legally have equal rights to both of these things. The only way to change the equal right to make decisions about your child and to have your child live with you is by filing for custody of your child.
Who can get custody?
In Maryland, the courts do not automatically favor the mother or the father. It looks at the relationship of each parent with the child. And while grandparents, step-parents and other family members may be awarded custody, the courts favor granting custody rights to the parents. Call Maryland Custody Lawyer Jack Hyatt at 410-486-1800.
Can a parent who committed violence or abuse get visitation?
Maybe. A parent who has committed abuse may be granted supervised visitation if the judge specifically finds that there is no likelihood of further child abuse or neglect by the abusive parent; otherwise the court should deny custody or visitation to the abusive parent.If you have evidence of abuse to you and/or your child you (or your lawyer) must show this to the judge at the custody hearing. The judge will look at these types of abuse:
One parent abusing the other.
A parent abusing his/her spouse. Either parent abusing ANY child, not just the child the custody case is about.(4)
I'm the child's grandparent. Can I get visitation?
Maybe. Grandparents have the right to ask the court for visitation, and the judge may give it to you if s/he finds it to be in the best interest of the child.(5)
How will the judge make a decision about custody?
When deciding who will have custody, a judge will try to make an arrangement that s/he thinks is in the best interest of your child. The court will base its decision on many factors. Some of the things a judge will consider are:
Primary Care Giver – Who takes care of the child? Who feeds, clothes, and bathes the child? Fitness – What are the physical and mental abilities of the parent seeking custody? The court will consider evidence of abuse by the other parent to you, the child or any child. Reputation Previous Custody Order Ability to Maintain Family Closeness with family members of the other parent Child Preference- The court may consider hearing the child’s preference and it may be out of the presence of the parents. Though its rare for the court to hear from children under 7 years old, but if the child demonstrates maturity the court may be willing. However, children 10 or 12 years or older, are most certainly to be heard and their opinions are given weight in determining custody. Financial Opportunity Age, Health, Gender of Child Residence of Parent and Opportunity for Visitation- How far does one parent live form the other? Which parent lives closer to the child’s school and social circle? Length of Separation- How long has the parent been separated form the child? Any Prior Abandonment or Surrender of Custody- Is there history of one parent walking out and leaving the other parent alone to cope with the child and home? Religious Views- If you can prove that religious views play an important role in the physical or emotional well-being of the child, the judge may take them into consideration. (6)
Where can I file for child custody? (Which state has jurisdiction?)
Custody jurisdiction is state law. However, most states (if not all) have adopted either the Uniform Child Custody Jurisdiction Act (UCCJA), or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Maryland has adopted the UCCJEA, which we explain here.
Under the UCCJEA, you can only file for custody in the "home state" of the child. (There are exceptions to the "home state" rule -- see below.)
The "home state" is the state where the child has lived with a parent or a person acting as a parent for at least six consecutive months. In the case of a child less than six months old, the "home state" is the state where the child has lived from birth. (Temporary absence from the state does not change anything.)
If you and your child recently moved to a new state, generally you cannot file for custody in that new state until you have lived there for at least six months. Until then, the other parent can start a custody action in the state that your children most recently lived in for at least six months. There are some exceptions to this – please see the next section. Call Maryland Custody Lawyer Jack Hyatt at 410-486-1800.
You can also file for temporary emergency custody in a state other than the home state if the child is present in the state and at least one of the following is true:
1. The child has been abandoned; or2. Emergency custody is necessary to protect the child because the child, a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.(8)
What are the steps for filing for custody?
The steps for filing for custody vary depending on your particular situation. Custody matters are often very complicated and if you can hire an attorney to draft the paperwork for you, it might make the process a lot simpler.
If a court denies a request for custody, do they have to explain why?
Usually the court will provide a written opinion of the custody hearing if you petition the court for one, or it may be supplied upon a motion to appeal.
Can I get financial support for my child(ren) and myself?
If you have a temporary custody order, the judge can order the other parent to pay a reasonable amount of temporary financial support to both you and your child.
You may also get financial support as part of the custody hearing if the judge orders child support. Maryland has child support guidelines in effect. They provide a formula for calculating child support based on a proportion of each parent's gross income, unless the judge is given a good reason to vary from the guidelines.
If a custody order is already in place, how can I get it changed?
When one parent wants to change an existing custody order it is his/her burden to show the court why it should be changed.
The goal of the court is to maintain stability for the child, so a judge might not change your custody order unless you can show that something in the current environment is harmful or that your home will be better. To do this you must show:
A substantial change has taken place in your home or the other parent's home It is in the child's "best interest"
Can the child ask the court to change the custody order?
Yes. If the child is 16 years or older, they may file a petition (ask the court) to place him/her in the custody of the other parent.
The child does not need a parent, guardian or friend to file a petition. The court will hold a hearing before making any changes to the custody order.(11) If the two homes are found relatively equal the court will not change the custody order. (12)
Can I change the state where the case is being heard?
Maybe. If you move to another state, you may be able to change the state where the custody case is being heard. You will have to ask the judge that is hearing the case to change the jurisdiction of your case. This can be very complicated, so we recommend you speak to a lawyer first. Call Maryland Custody Lawyer Jack Hyatt at 410-486-1800.
Do I have to notify the court if I want to move with my child?
Yes. You should provide the court a written notice 45 days before you intend to permanently relocate, whether or not you're moving out of the state of Maryland. Check with the clerk of court (Courthouse Locations and Info) to see if they have a form, or guidelines, for the letter of notification.(13)
The court may order you to notify the other parent of your intent to relocate, whether or not you're moving out-of-state. If this happens you should do the following:
Mail the notice to the last known address Send notice by certified mail through your local post office Request a return receipt which will be your proof to the court that you sent the notice. If the other parent has been shown to be abusive to you or the child, the court the may waive the notice requirement.(14)
What will the court do if the other parent claims I violated the 45-day notice requirement?
Any violation of the notice requirement may be harmful to you in determining future custody and visitation rights.
However, the court will consider the following excuses:
Relocation was necessary due to financial or emergency circumstances Required notice was given in a reasonable time before the need to relocate (15)
Can a relative (brother, sister, cousin) of the noncustodial parent (parent who does not have custody), travel with the child?
If the child is 16 or younger, no. A relative who knows that the other parent has legal custody, may not do any of the following, unless at the time there is a clear and present danger to the health, safety, or welfare of the child:>{?Abduct, take or carry the child away from the parent with custody. Keep the child for more than 48 hours after the parent with custody demands that the child be returned. Hide the child knowing that possession of the child was obtained by another relative without proper permission Help another relative commit any of these violations. Call Maryland Custody Lawyer Jack Hyatt at 410-486-1800.(16)
Can a parent who does not have custody have access to the child's records?
Yes. Access to the child's medical, dental and educational records may not be denied to a parent because the parent doesn't have custody. If you want to deny access you can ask the judge to make that a condition in the custody order.(17)
What can the court do if the other parent denies or interferes with my visitation or custody rights?
The court can take any or all of the following actions against the other parent:
Order that the visitation be rescheduled Change the conditions of the visitation or custody order to make sure that the other parent obeys the order. Charge a fine or counsel fees against the parent who denied or interfered with the visitation rights.(18)
If I think that the other parent may abduct my child, is there anything I can do?
If the other parent takes the child out of state or somewhere else in the state in violation of your rights to custody or visitation under a court order, you can file a petition for contempt of court and demand the return of the child. If the other parent has purposefully abducted your child, that parent is guilty of a crime.
A person may not forcibly abduct, take, or carry away a child under the age of 12 years from the custody and control of the child's parent or legal guardian. Call Maryland Custody Lawyer Jack Hyatt at 410-486-1800.
Can I be given temporary custody as a part of a protective order against the other parent? Yes, you can be given temporary custody if you had the child with your abuser. This award may help you later if you decide to file for regular custody. For more information on protective orders and how to get one, go to our How to Get a Restraining Order page under your state.You should note that a restraining order will not cover custody of any children that are not your abuser's children.Can I get temporary emergency custody?
A judge may grant temporary emergency custody in extreme situations. You will need to prove to the judge that your child is in immediate danger of abuse and that it is necessary to protect you and your child. A judge will only grant you temporary emergency custody if s/he thinks it is in the best interest of the child.
MUST READ MARYLAND CASES ON CUSTODY
Taylor v Taylor 508 A2d 964
Montgomery County v Sanders 381 A2d 1154
Nagle v. Hooks 460 A2d 49
