The court's determination of which parent, relative or other adult should hold legal responsibility for a minor under the age of 18. The policy of the state of Maryland is to assure that the health, safety, and welfare of children shall be the court's primary concern in determining the best interest of children when making any orders regarding the physical or legal custody of the minor. (Maryland Code: Title 5, Subtitle 5-203)
Natural guardianship – (1) The parents are the joint natural guardians of their minor child. (2) A parent are the sole natural guardian of the minor child if the other parent: (i) dies; (ii) abandons the family; or (iii) is incapable of acting as a parent. (Maryland Code: Title 5, Subtitle 5-203)
(d) Award of custody to parent – (1) If the parents live apart, a court may award custody of a minor child to either parent or joint custody to both parents. (2) Neither parent is presumed to have any right to custody that is superior to the right of the other parent. (Maryland Code: Title 5, Subtitle 5-203)
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