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Does Race play a factor in child custody nowadays?

Laurel, MD |

Black father seeking custody from White mother. Father adjudicated natural father, visitation and current w/ court obligations. Father has facts of mothers' legal troubles and frequent unemployment.
Mother told father that he will never get custody b/c she is a white woman.

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Attorney answers 2


Short answer, no "race" is not a factor the Court considers when making a custody decision. But the mother's "legal troubles" and "frequent unemployment" may or may not help you. The court makes a custody decision based upon the "best interests of the child" and considers a number of factors to decide that issue. You should consult an experienced attorney to assist you with your case.

This answer is provided for informational purposes only. It is not offered as legal advice and does not create an attorney-client relationship between the author and the reader. The author is an attorney licensed to practice law in the State of Maryland and the article is based solely on Maryland law.


No, race is not a factor in making custody decisions. No one should ever say that one is going to obtain custody merely because one parent is white and another parent is black. Our country has not gone through the civil rights era for nothing; changes have been made in the law. So in child custody decisions the court pays close attention to what is in the best interest of the child.

This answer is GENERAL INFORMATION ONLY and does NOT constitute Legal Advice and does NOT establish an Attorney/Client Relationship because you have not provided me with a COMPLETE set of the FACTS, and therefore my answer cannot address your specific situation. I am an attorney licensed in Maryland and California. A Consultation, Retainer and a fully signed and dated Legal Services Agreement (a contract) will be required if you would like to obtain my representation. Office: (410) 381-1656. David Mahood, Esq.

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