How Fathers Get More Parenting Time In Custody Cases

Dear Family Law community,


A father sits in my office and asks a question I hear almost every week.


"What are my chances of getting fifty percent custody?"


The answer is rarely as simple as a percentage.


Many fathers believe there is a formula courts use to determine parenting time. In reality,

judges evaluate the unique circumstances of every family. The focus is not on what either

parent wants. The focus is on what arrangement best serves the children.


Understanding how courts evaluate parenting arrangements can help fathers make informed

decisions during divorce.


The Best Interests Standard


In both Maryland and Washington DC, custody decisions are guided by the child's best

interests.


This means courts consider numerous factors related to the child's well-being, stability, and

development.


The goal is creating an arrangement that allows children to thrive.


Consistency Matters


One of the strongest indicators of future parenting success is past involvement.


Judges often look at who attended school conferences, scheduled doctor appointments,

supervised homework, transported children to activities, and handled daily routines.


Fathers who have been actively involved are often in a strong position to seek substantial

parenting time.


Communication Counts


Parents do not need to be best friends after divorce.


However, they must demonstrate the ability to communicate effectively regarding their

children.


Courts generally prefer parents who can resolve disagreements constructively and focus on

solutions rather than conflict.


Flexibility Is Valuable


Children's needs change over time.


The parenting plan that works for a seven-year-old may not work for a teenager.


Fathers who demonstrate flexibility and a willingness to adapt often position themselves for

long term success.


Avoid Common Mistakes


Some fathers unintentionally damage their position by:

• Speaking negatively about the other parent

• Using children as messengers

• Posting emotional comments on social media

• Prioritizing conflict over cooperation

• Failing to exercise available parenting time

• Trying to get access to the mother in romantic way when the relationship is over instead

of focusing on parenting time with your child


Every interaction can influence the co-parenting relationship.


The Role of Maryland's Updated Law


Maryland's custody framework continues emphasizing the importance of meaningful

relationships between children and both parents.


The legal trend has moved away from assumptions about traditional parental roles and toward

individualized parenting arrangements based on each family's circumstances.


This creates opportunities for fathers who are committed, engaged, and prepared.


Building a Strong Foundation


If equal parenting time is your goal, begin building the foundation now.

> Become involved in daily routines.

> Maintain records of your participation.

> Attend appointments and activities.

> Demonstrate reliability.

> Most importantly, focus on your children's needs rather than proving a point to the other

parent.


Courts are not simply counting hours. They are evaluating relationships.


Fathers who consistently show up for their children, support healthy co-parenting, and prioritize

their children's well-being are often in the best position to achieve substantial parenting time.


If you are navigating divorce or custody issues in Maryland or Washington DC, our office can

help you understand your options and develop a strategy designed to protect your relationship

with your children. Contact us today to schedule a consultation

September 10, 2026
The divorce was finally over. The house had been addressed. The retirement accounts had been discussed. The agreement was signed, and the court entered the divorce judgment. After months—or perhaps years—of dealing with the divorce, “Monica” was ready to move on. What she did not do was check the beneficiary on the retirement account she opened years earlier. She did not review her life insurance policy or the payable-on-death designation on a financial account. Her assumption was simple: “We're divorced. Obviously, my ex isn't my beneficiary anymore.” But is that true? The safest answer for someone divorcing in Maryland is: Don't assume it is. Divorce can affect certain rights of a former spouse, but wills, retirement accounts, life insurance, POD/TOD accounts, trusts, and other assets do not all operate under one universal rule. Does Divorce Automatically Remove My Ex as Beneficiary in Maryland?  Not from everything. Maryland law generally revokes provisions in a will relating to a former spouse after an absolute divorce or annulment, unless the will or divorce decree provides otherwise. But that does not mean you should assume your divorce automatically changed every beneficiary designation. A 401(k), IRA, life insurance policy, annuity, POD/TOD account, trust, and will can be governed by different rules. Employer-sponsored retirement plans can also involve federal law. Your divorce agreement or judgment may even require you to maintain a former spouse or children as beneficiaries of certain assets, such as life insurance. So the better question after divorce is: “Who is listed as the beneficiary of everything I own today—and is that still what I want or what I am legally required to maintain?” Changing Your Will May Not Be Enough Suppose Monica updated her will and left everything to her children. She might think she was finished. But imagine she still has a $600,000 retirement account or $500,000 life insurance policy with an old beneficiary designation. Her will does not necessarily control those assets. Many assets can pass outside probate according to beneficiary designations, contracts, plan documents, or other governing rules.That is why updating your will is important—but it may be only one part of your post-divorce estate planning. What Beneficiaries Should I Review After Divorce? After a Maryland divorce, consider reviewing: 401(k), 403(b), and other employer retirement plans; Traditional and Roth IRAs; Pensions and survivor benefits; Life insurance policies; Annuities; POD bank accounts; TOD investment accounts; Brokerage accounts; Employer death benefits; Deferred compensation; Trusts; and Your will. Don't rely on memory. Check the actual beneficiary records. The person you think is listed may not be the person actually shown on the account. What About My 401(k) After Divorce? Retirement accounts deserve special attention. Employer-sponsored retirement plans may be governed by federal law, including ERISA, as well as the plan's governing documents. Your divorce may also award your former spouse part of a retirement account. Dividing that account may require a Qualified Domestic Relations Order (QDRO) or another type of retirement order, depending on the plan. Changing a beneficiary designation does not replace the retirement division required by your divorce.These are separate issues that should be coordinated. What About Life Insurance? Do not automatically remove your former spouse from a life insurance policy without checking your divorce documents. For example, your settlement or court order may require life insurance to secure child support, alimony, or another obligation. On the other hand, you may have an old policy naming your former spouse even though no continuing obligation requires it. The right approach is to review each policy against:your divorce agreement + court order + policy terms + current estate-planning goals. Don't Forget POD and TOD Accounts Payable-on-death and transfer-on-death designations are particularly easy to forget. You may have added a beneficiary years ago when opening a bank or investment account. These assets may pass outside your will. So don't review only documents labeled “Last Will and Testament.”Review the accounts themselves. What If I Want My Ex to Remain a Beneficiary? That may be appropriate in some situations.Y ou may share children. Your settlement may require it. Or maintaining your former spouse as beneficiary may simply be your choice. The important issue is intentionality . Your former spouse should not receive—or fail to receive—an asset simply because nobody remembered a beneficiary form signed years ago. Should I Change Beneficiaries While My Divorce Is Pending? Be careful. If your divorce is still pending, do not start changing beneficiaries, transferring assets, cancelling insurance, or making significant financial changes without first understanding your legal obligations. Court orders, agreements, plan requirements, insurance obligations, or other circumstances may affect what you can or should change. Instead, ask: What can I change now? What must remain in place during the divorce? What does the settlement require? What should I change immediately after the divorce becomes final? Your Post-Divorce Estate-Planning Checklist Once the divorce is final, consider reviewing these ten areas: 1. Will — Does it reflect your current wishes? 2. Trust — Is your former spouse still a trustee, beneficiary, or decision-maker? 3. Financial power of attorney — Who should handle your finances if you cannot? 4. Advance directive — Who should make healthcare decisions for you? 5. Retirement beneficiaries — Check the actual designation maintained by each plan or custodian. 6. Life insurance — Compare beneficiaries against your divorce obligations. 7. POD/TOD accounts — Review bank and investment accounts. 8. Property ownership — Make sure deeds and titles reflect the divorce judgment or agreement. 9. Employer benefits — Review workplace insurance, retirement, deferred compensation, and death benefits. 10. Backup beneficiaries and decision-makers — Removing your former spouse is only half the job. Decide who should take that person's place. Frequently Asked Questions Does divorce automatically remove my ex from my will in Maryland? Maryland law generally revokes provisions in a will relating to a former spouse after an absolute divorce or annulment, unless the will or divorce decree provides otherwise. Updating the will is still important so your wishes are clear. Does divorce automatically remove my ex from my 401(k)? Do not assume that it does. Employer retirement plans can involve federal law and plan-specific requirements. Review the actual beneficiary designation, divorce judgment, applicable retirement order, and plan documents. Does changing my will change my retirement beneficiary? Generally, you should not assume it does. Retirement accounts typically have separate beneficiary designations and governing rules. Should I change my life insurance beneficiary after divorce? Review it, but first determine whether your divorce agreement or court order requires you to maintain particular coverage or beneficiaries. Is changing my will enough after divorce? Usually not. A comprehensive review should also consider retirement accounts, life insurance, trusts, powers of attorney, advance directives, POD/TOD accounts, property ownership, and other beneficiary-designated assets. Your Divorce May Be Final. Your Financial Cleanup May Not Be By the time Monica reviewed everything, she realized that her estate plan was still telling the story of her married life. Her former spouse remained connected to financial decisions she had simply forgotten about. Her children were older. Her assets had changed. Her relationships had changed. Her estate plan needed to change too. That is the larger lesson.Your divorce judgment may end your marriage, but it does not necessarily update every part of your financial and estate plan. If you are divorcing or recently divorced in Rockville, Bethesda, Potomac, Columbia, Montgomery County, Howard County, Prince George's County, or elsewhere in Maryland , a post-divorce beneficiary and estate-planning review can help determine whether your documents and accounts still reflect your intentions. The Law Office of Cherise L. Williams LLC assists clients with Maryland divorce and estate planning, including wills, trusts, powers of attorney, advance directives, property planning, and post-divorce planning. Your divorce decree may end your marriage. Make sure your financial and estate plan reflects the life you're living now.
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