This is not necessarily the case. Primary physical custody can be awarded to either parent or the parents can agree between themselves as to the amount of time the child will spend in each household. It should be obvious that mediation, as a means of resolving child custody issues, is clearly a superior approach in most cases. In fact the Rules of Court in Maryland, are designed to require that all cases involving custody are sent to mediation before they are liti- gated. This Rule is S73A. Unfortunately, mediation under the Rule often begins after a divorce battle has been initiated and the parties are already caught in a legal tug of war on a variety of issues.
Mediation is much less likely to succeed in such circumstances.
If a couple begins mediation prior to commencing the litigation process, they are much more likely to cooperate and reach joint decisions not only in the custody area, but on all other matters as well. A skilled mediator will raise a number of issues with the couple relating to custody that may not be addressed in court. Sometimes, parents wish to discuss how decisions relating to college will be made, and how financial obligations for college education will be allocated. Also, the issue of how the parents will share in any dependency exemptions for income tax purposes is discussed. Too Under Maryland law, grandparents have the right to petition for visitation.