Understanding Legal Custody in Maryland: Sole, Joint, and Tie-Breaking Authority
When parents separate or divorce, one of the most important questions is who gets to make the big decisions for their child. In Maryland, this authority is called legal custody. It is different from physical custody, which addresses where a child lives and the parenting schedule. Legal custody is all about decision-making: education, health care, religious upbringing, and other major aspects of a child’s life.
Maryland courts (and many families in mediation) recognize three primary structures for legal custody: sole legal custody, joint legal custody, and joint legal custody with tie-breaking authority. Understanding the differences can help parents consider what may work best for their family and child.
Sole Legal Custody
With sole legal custody, one parent has the exclusive right and responsibility to make major life decisions for the child. That parent may still share information with the other parent or invite input, but ultimately does not need agreement or approval.
This arrangement is sometimes appropriate where communication between parents is very limited, or where one parent has historically handled the majority of decision-making for the child.
Examples of Sole Legal Custody in Practice:
Deciding whether the child attends public, private, or homeschooling.
Making medical choices such as whether to authorize surgery, orthodontic treatment, or ADHD medication.
Determining the child’s religious involvement, such as whether the child is baptized, attends Hebrew school, or is confirmed.
Approving or denying special education evaluations or accommodations if recommended by the school.
While sole legal custody may reduce conflict by eliminating stalemates, it also places the entire decision-making burden on one parent, which can feel overwhelming at times.
Joint Legal Custody
With joint legal custody, both parents share the responsibility for making major decisions. Neither parent can make a unilateral decision in the key areas of the child’s life. Instead, they must communicate, share information, and work together in the child’s best interest.
This arrangement is most successful when parents can maintain respectful communication and a willingness to compromise, even if they do not agree on everything. It reflects the idea that children benefit when both parents are actively engaged in guiding their upbringing.
Examples of Joint Legal Custody in Practice:
Parents agree together on whether the child will participate in therapy or counseling.
Both parents review vaccination recommendations and jointly decide whether to follow through.
Parents choose between competing extracurriculars, such as whether the child will join a travel sports team or pursue music lessons.
Together, parents decide whether the child will continue religious education or attend confirmation classes.
The benefit of joint custody is that it keeps both parents engaged, but the challenge is that it requires communication and patience—skills that can sometimes feel in short supply during or after separation.
Joint Legal Custody with Tie-Breaking Authority
Sometimes parents want to share in decision-making but also need a safety valve for when they cannot agree. That is where joint legal custody with tie-breaking authority comes in.
This structure requires both parents to first discuss and attempt to reach agreement. Only if they reach an impasse does the tie-breaking parent make the final call. The process is designed to encourage good-faith cooperation, not to give one parent unilateral control from the start.
Examples of When Tie-Breaking Authority Would Apply:
Education: Parents both attend a school meeting about special education testing. They exchange views but remain divided. After discussion, the tie-breaker parent makes the final decision.
Therapy: Both parents agree the child may benefit from counseling, but they cannot agree on which therapist to use. The tie-breaker parent decides after hearing the other parent’s input.
Extracurriculars: Parents discuss whether the child should join a travel sports team that involves extensive travel and cost. If they cannot reach agreement, the tie-breaker parent has the final say.
Medical Decisions: Parents consult doctors and each other about whether the child should undergo a procedure like tonsil removal. If they remain in disagreement, the tie-breaker parent chooses.
This arrangement balances shared involvement with the need to avoid stalemates. It ensures both parents remain part of the conversation while providing a clear path forward when consensus is not possible.
Key Factors to Consider: Litigation, Mediation, and Parent Coordination
Each custody structure has its strengths and challenges. Sole legal custody can streamline decision-making but reduces collaboration. Joint legal custody fosters shared responsibility but requires strong communication. Joint legal custody with tie-breaking authority is a middle ground that encourages cooperation while avoiding gridlock.
When deciding what structure may work best, think about the context in which your custody issues are being resolved:
In Litigation: Courts often look at past behavior. Who has historically handled medical care, school communication, or scheduling activities? How well have parents cooperated in the past? Judges will weigh whether giving one parent sole or tie-breaking authority may be more practical if conflict is ongoing.
In Mediation: Parents have the opportunity to design their own structure. Mediation allows you to think creatively about how you want decision-making to look, and to build in safeguards if you know disagreements are likely. For example, you might agree to consult with each other for seven days before a tie-breaking parent can decide.
In Parent Coordination: If conflict is persistent, a parent coordinator may help parents resolve disagreements on day-to-day issues and keep communication child-focused. While a coordinator does not make major legal custody decisions, their involvement can support parents in practicing the communication skills needed for joint custody or clarifying how tie-breaking authority should be exercised.
Other practical factors to consider with your attorney include:
Communication history: How effectively have you handled disagreements with the other parent in the past?
Values and priorities: Do you share similar views on health care, education, and religion, or are there fundamental differences?
Flexibility and trust: Are you willing to openly consult the other parent and respect their perspective, even when you disagree?
Logistics: Do both parents realistically have the time, access, and information needed to be equal decision-makers?
No two families are alike. By reviewing your family’s specific circumstances and considering whether you are in litigation, mediation, or parent coordination, you can identify which legal custody structure best promotes stability, reduces conflict, and serves your child’s best interests.
At Zadjura Family Law, we work with families across Maryland to navigate custody arrangements through mediation, parent coordination, and litigation when needed. If you are considering your options, reach out to discuss what legal custody structure may best fit your family’s needs.
