In Maryland, the court determines the custody arrangement that best suits the minor children’s needs based on a variety of factors; including but not limited to the child’s age, parental character/reputation, and parental fitness. In many cases, if one of the parties has a pending criminal charge against them, it may have a substantial influence on how a judge rules in the child custody matter.

Depending on the pending charges, the court may take into consideration whether or not the alleged crime relates to the custody matter. For example, if your ex is charged with a second-degree assault as a result of physical harm that (s)he inflicted upon you or your minor child, that certainly can factor in the custody matter. Another example would be someone who is charged with a DUI which can indicate to the court that the parent may place the minor children's in harm’s way. On the other hand, if your ex is charged with an unrelated crime like theft, the court may not consider it at all. As a general rule, if it is possible to show that the arrest negatively affects one’s ability to adequately care for the minor child(ren), then the court will certainly give it weight.

The court system may take weeks, if not months, for the parties to get into court. It is imperative that you seek the advice of an experienced attorney to explain to you any ramifications, if any, that your pending criminal charges may have on your custody case. If you have any questions, please call us at (443) 741-2567 and we would be happy to answer all of your questions.