Where to Find Family Court Records in Maryland?

Maryland Family Divisions of Circuit Courts are in charge of determining family-related cases in the state. Typically, interested members of the public can obtain Maryland family court records from the courthouse where the case of interest was filed. The clerks of courts serve as the custodian of family court records and interested persons may direct their petitions to them. The Maryland family division of the circuit court has exclusive jurisdiction over family law matters such as marriage, divorce, custody, and child support.

The records contained in documents related to family court include both marriage and divorce records. Both types of records contain information that is considered very personal to the parties involved, and it is recommended that those parties maintain these records with care in order to make changes in the future. The personal nature of these records results in both being considerably more difficult to find and obtain when compared to other types of public records. In many cases, these records are not available through either government sources or third party public record websites.

What Is Family Law in Maryland?

Maryland family law contains the statutes that guide the domestic-related issues in the state. The Family Law Section of the Maryland Code contains different titles that cover domestic matters. These titles include:

Title 2. Marriage

Title 3. Breach of Promise to Marry and Alienation of Affections

Title 4. Spouses

Title 5. Children

Title 7. Divorce

Title 8. Deeds, Agreements, and Settlements Between Spouses; Property Disposition in Divorce and Annulment

Title 9. Child Custody and Visitation

Title 9.5. Maryland Uniform Child Custody Jurisdiction and Enforcement Act

Title 10. Support in General

Title 11. Alimony

Title 12. Child Support

Title 13. Support of Parents and Adult Children

Title 14. Adult Protective Services

Title 15. Governor’s Council on Adolescent Pregnancy

What Are Family Court Cases and Records in Maryland?

Maryland family courts have exclusive jurisdiction over domestic matters brought before the state courts. Kinds of cases heard in Maryland family courts include:

• Marriage: Marriage cases in Maryland family courts sorts out issues concerning the validity of marriages in the state and the issuance of a marriage license. 
• Divorce: Maryland family courts hear cases involving dissolution of marriages between spouses. Other matters that may arise such as divorce settlements are heard in the family court.
• Child Custody and Visitation: In the issue of separation of spouses, the family court handles child custody cases when the parents cannot reach an agreement. Visitation rights of non-custodial parents are also decided by the court. 
• Child Support: Child support is an ongoing payment that a (non-custodial) parent makes towards the financial care of a child.
• Child Abuse: Cases of physical or emotional abuse suffered by a child are handled by the Maryland family court. 
• Adoption: Adoption cases involve the family court conferring parental rights on persons looking to adopt a child.

Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.

Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

Are Family Court Cases Public Records in Maryland?

Following the Maryland Public Information Act, records maintained by government bodies including family court records are public information. This act gives the public access to records while protecting the privacy of individuals and government organizations. Interested persons may obtain family court cases from the custodian of the desired records. However, in a bid to protect the privacy of involved parties, some records may be inaccessible to the public. Juvenile records and adoption family court records are unavailable for public perusal.

How Do I Find Family Court Records in Maryland?

Family court records in Maryland are generated and managed at the circuit court where the case proceedings occurred. Interested persons may obtain family court records from the custodian’s office usually located at the courthouse. The clerk of the circuit court within the county area stands as the custodian of family court records and persons looking to obtain them may visit the clerk’s office or send a written request via U.S mail. Maryland circuit courthouses can be located on the court site. Charges and requirements for obtaining records vary across counties.

Divorce and marriage records may be available through government sources and organizations, though their availability cannot be guaranteed. This is also true of their availability through third-party websites and companies, as these organizations are not government-sponsored and record availability may vary further. Finally, marriage and divorce records are considered extremely private due to the information they contain, and are often sealed. Bearing these factors in mind, record availability for these types of records cannot be guaranteed.

How Do I Find Family Court Records Online?

The Maryland judiciary provides a general Case Search site where interested individuals may access unrestricted Maryland court records including that of family court proceedings. To search for family court records in a particular county, users can pick the desired circuit court location from the drop-down court listing box. Records may be searched by the names of the litigants, case type, county, filing dates, and case number.

Interested persons may also check the circuit court directory for county-specific family court records online. Persons may click a county on the site and visit the county’s circuit court website to check if they offer any online resources to obtain family court records.

What Is Maryland Custody Law?

The Child Custody and Visitation Law contains the protocol used to award custody and visitation privileges in Maryland. While custody case records are public information, some juvenile information is only available to authorized persons. Types of custody awarded in Maryland are:

Legal Custody: Parents with legal custody have the legal decision-making authority over the child. They can make decisions concerning health, school, education, welfare, and other aspects of the child’s life.

Physical Custody: This custody refers to the degree a parent has access to visit a child. Physical custody determines the residential place of the child and the time spent with a parent.

Custody in Maryland may either be sole custody or joint custody. Sole custody gives the custody rights to only a party while joint custody confers either equal or unequal custody rights on both parents.

The child’s best interest decides the factors that the Maryland family court considers in custody cases. Some of these factors include:

• Previous agreements reached by the parents on the custody and visitation arrangements
• The court may consider giving more custody to the parent that gives more primary care to the child
• The physical and psychological well-being of the individuals involved.
• The court also considers the ability of the child to maintain relationships with both parents.
• Although rare, the judge may interview the child without the parents’ presence to figure out the child’s preference.
• History of prior abandonment by a parent or forfeiture of custody rights may be considered.
• Following the Family Law § 9–107, the court may consider a party’s disabilities if it negatively affects the child’s best interest.

The court may restrict/deny custody rights to persons that have previously abused or neglected the child. If the likelihood of physical or psychological abuse is further established, the court also denies such persons visitation privileges. Alternatively, supervised visitations may be arranged to ensure the child’s safety.

Following the visitation law, the court may grant visitation rights to a grandparent if it’s in the child’s best interest.

How to Find Family Court Lawyers in Maryland?

Maryland family court lawyers can be found using the Finding Legal Help section on the court site to find private lawyers or seek free or low-cost legal help from a state legal services program. The Maryland Bar Association also offers a directory search tool to access its members’ contact information. To specifically find family court lawyers, users may filter the search result by selecting family law in the practice area’s search box.