Maryland Child Custody Legal Questions

It is entirely possible and indeed frequent- for the parents to share joint legal custody, and also share placement of the child, whether 50/50 or some other proportion. Find a good family law attorney. He or she will probably suggest you start a paternity action which will determine questions of custody, placement, child support, and probably some other matters as well. Good Luck.... Read More

Ask your lawyer and you should have one in a case like this to seek a temporary order which will keep him from drinking for the 12 hours before, and during, his periods of temporary placement with the child. Your lawyer may have additional ideas about how to manage this problem which is far from rare in Wisconsin.... Read More

It sounds like you are talking less about 'custody,' and really about 'placement.' It is not true that the mother usually prevails in custody disputes. That may have been true 40 or 50 years ago, but it is not true in my experience of 32 years as a lawyer in Wisconsin The court is supposed to seek the best interests of the children unless the parents grow up and reach rational agreements. (Which a majority of them do.) Some courts have Family Court Services (in larger counties) to mediate or otherwise do a study for the court. Others may appoint an outside social worker or psychologist. Often the court appoints a 'guardian ad litem,' a lawyer who is supposed to represent the best interests of the children. If you expect a serious dispute about placement or custody, retain an experienced family law attorney very soon. He or she can help you make the best case for what you think is best for the kids. Good Luck.... Read More

No she cannot , especially since she "involuntarily impoverished" herself- a term of art in child support arguments. Child support is based on income, and time spent with the children, i.e. sole or shared physical custody. She has to learn to use the support paid- for the children's expenses without seeking additional money from you.... Read More

In Maryland, certified mail alone is not sufficient to serve a party with a legal pleading.  In order to protect your rights, you should hire an attorney.  You have tagged your question as a relating to Child Custody.  While everything may seem straight forward to you, properly presenting a case in a courtroom is completely different from arguing cordially with friends over coffee.  It takes professional skill and experience to not only present a child custody case, but to do so persuasively.  If you value your rights, then you need to hire an attorney immediately.  I am an experienced child custody lawyer in Baltimore.  Feel free to contact my firm.... Read More

Thank you for your question.  Sexual orientation is not a ground on which to deny visitation.  The ex wife is violating a court order without any justification.  You should file papers to not only enforce your visitation rights, but also use the ex wife's interference as grounds to request a modification of custody. Indeed, in Bienenfield v. Bennett-White, 91 Md. App. 488 (1992), the custodial parent attempted to prevent visitation because the non-custodial parent attempted to educate the child on religious views with which the custodial parent disagreed.  The Court found the custodial parent to be acting in bad-faith without justification, and modified custody in favor of the non-custodial parent.  Your argument may be stronger than the non-custodial parent's argument in Bienenfield, since Maryland has recognized same-sex marriage. Feel free to contact my firm.  I am an experienced family law attorney in Baltimore, and I would be glad to help.... Read More

Thank you for your question.  It is very suspicious that your ex is not telling you upfront what he wants modified.  I think you are doing the right thing by refusing to go to mediation since he is not being forthcoming.  You should tell him that you are not willing to attend mediation unless he informs you of his proposed changes to the agreement. If he wishes to modify the present custody and visitation arrangment without cooperating, then he will have to file a complaint for modification of child custody.  In order to prevail, he would have to prove that there has been a material change in circumstances, and that a modification would be in the best interests of the child. This is a serious matter, and can lead to a complete change in custody.  If you are considering attending mediation, or if he files a complaint for modification, then you should immediately seek the assistance of an experienced family lawyer in Baltimore to protect your rights. Feel free to contact my firm if you decide to go to mediation or if he files papers.  I can help.... Read More

In order to modify custody in Maryland, you must show a material change in circumstances and that a modification is in the best interests of the child.  The preference of the child is usually not considered when determining whether there is a material change in circumstances. Now, if there has been a material change in circumstances, the child's preference will be considered when the court attempts to determine the second prong - the best interests of the child.  But you must show a material change in circumstances before the court reaches that bridge. I am a child custody lawyer in Baltimore.  Feel free to contact my firm.... Read More

You can do two things.  First, you can file a complaint for interference with your visitation rights.  Second, the mother's interference with your visitation rights likely constitutes a material change in circumstances.  You can use this as a ground to modify the visitation order to include a detailed vistiation schedule.  You may also be able to request a modification of custody. Seeking enforcement of visitation rights and/or a modification of custody and visitation are complicated matters that require the skill and assistance of an experienced Baltimore family law attorney. Feel free to contact my firm.  I can help.... Read More

Tiffany, thank you for your question.  I'm a child custody lawyer in Baltimore, Maryland, and regularly deal with issues like yours.  It is rare that the court fails to send notice of a hearing, but sometimes it does happen.  I would file a motion for reconsideration immediately, alerting the court to the lack of notice.  You should have a lawyer do this for you. If this was a pendente lite hearing, then you may have another opportunity to obtain custody at the final hearing.  However, if it was not a pendente lite hearing, and if the court denies your motion for reconsideration, then you will have to file for modification of custody. Feel free to contact my firm.  I can help.... Read More

I have dealt with this situation as a Baltimore, MD child custody attorney.  A typical arrangement will be something along the lines of (a) the ex has custody during school months, while you have custody during the summer, (b) during school months you have custody during the extended school breaks for certain holidays, while (c) still alternating the actual holidays themselves, and (d) you would have designated times to communicate with the child by skype or Facetime, along with reasonable text messaging, email, etc.  You and the ex may also agree to more visitation (i.e., during the school year you would still get at least one weekend a month while the ex would get at least one weekend a month during the summer). Ultimately, whatever is fair and proper depends on what you and the ex agree is adequate for the child's development and familial bond.  Feel free to contact my firm if you would like an attorney to review or prepare the agreement, or file Maryland modification of child custody papers to make it formal.... Read More

As a Baltimore, MD child custody lawyer, I am qualified to answer your question.  Agreements with respect to child custody are unenforceable until they are made part of a court order.  The Court is not required to approve the custody agreement, even if it is part of a separation agreement prepared by lawyers.  This is because the best interest of the child is of such paramount concern, that only a court may make a determination that is enforceable.  Even after the Court issues an order, a change in circumstances with allow a part to seek a modification of custody.  Having said that, it is most often the case that a court will simply approve the agreement. In sum, you may enter into an agreement with the other parents regarding custody, however it is unenforceable until formally approved by a court.... Read More

Thank you for your question.  I am a child custody lawyer in Baltimore, MD, and am familiar with the issue you raise.  If the matter of responsibility for transportation during custody transfers is not mentioned in the agreement or any court order, then you are not required to drop off your son.  However, the father has no such requirement either.  Technically, either one of you would be within your rights to demand that the other pick up; but afterwards the then-custodial parent could just refuse to drop-off at the end of their custody period, which would force the other to then pick up. The problem with this approach is that is does nothing for the child.  It only creates animosity between the parents, which will probably negatively affect the child in some way on a psychological level.  So, this type of approach would not reflect positively on either parent. The better approach is to discuss the matter and try to make reasonable accomodations.  If you cannot drive without great hardship, document it in an email to the father.  But be honest, and reasonable.  If you can share the driving without too much hardship, then you may want to do so for the benefit of your child's perception of the situation. If you cannot share the driving for a serious hardship reason, and if the father's refusal to drive truly infringes on your ability to obtain the full amount of custodial time to which you are entitled, then feel free to contact my firm for assistance.  I can help you seek a modification of custody specific to the transportation issue (not the shared custody schedule, just the transportation, unless you feel there are good grounds to warrant a full modification of custody).... Read More

Regrettably, a court will not grant you visitation.  I am a Baltimore, MD family law attorney, and have a wealth of experience in child custody matters.  The only Maryland statute permitting visitation by non-biological parents in this state is Md. Code, Fam. Law § 9-102, which deals with grandparent's rights to visitation.  The courts make it nearly impossible even for the best of grandparents to obtain visitation, so you can imagine how much of an impossible battle it would be for a step parent who does not even have a statute on their side. The reason is that the right to control the upbringing of the child is a fundamental constitutional right of the biological parents.  Any award of visitation to a third-party (i.e., grandparents, step parents, etc.) would infringe on that right.  As a result, the law is pretty clear that a court cannot grant you visitation. Your best bet is to try to reach an understanding with your husband.  You may want to politely draw his attention to his child, and try to compassionately explain that it may be in the child's best interest - from a nurturing and developmental perspective - to continue to have one-on-one time with you.  However, keep in mind that, legally, you have no barganing leverage, and are, unfortunately, completely at his mercy on this matter. With regard to the other issues that will surface in your divorce, my firm can help.  Proving adultery and protecting your rights to alimony and a fair equitable distribution of the marital property are not easy matters to argue in court.  While they might seem straight forward now, it is a whole different ballgame in a courtroom, with objections left and right, not to mention the legal paperwork that often gets filed prior to the court hearing in adultery cases.  Feel free to contact my firm to schedule a consultation.... Read More

Child custody and visitation matters are equitable in nature.  This means that the Court will try to do what is fair, meaning it could go either way depending on the judge.  You should consult with a family law attorney in Baltimore, MD.  My firm can help. Here, a Court could decide either way.  Since the agreement states that the transfer must occur at the police station, a judge could rule that way, especially if the agreement contains a provision stating that it can only be changed or modified if agreed to by both parties in writing, which is a common provision.  However, a judge could also easily rule in your favor by finding that you and the ex modified the agreement through your continued pattern of conduct over the past two years. For now, prior to any new court ruling, it is probably safer to go to the police station, however, you should email your ex stating how much hardship this will cause, in light of the fact that you have changed your position because of the two years of transfer elsewhere.  My firm can help you seek an appropriate court ruling in your favor.... Read More