Category Archives: Child Custody
Third-Party Custody: Who Qualifies as a De Facto Parent?
Parents have a constitutional right to parent their children under the due process clause of the Fourteenth Amendment. Under very limited circumstances, the court can award custody to a third party (a non-biological or non-adoptive parent), even over the objection the parents. Maryland Courts have developed three “avenues” that a third-party can take to… Read More »
Steps in a Contested Divorce/Custody Case in Maryland
One of the questions I get asked most in a divorce or custody consult is what is the court “process” like if their cases is contested. Generally, potential clients are surprised to learn how long a contested case could take and how much happens before they actually “get their day in court.” First, it… Read More »
Back to School . . . . But Where?
Let’s say you were fortunate enough to resolve the custody and access of your young child following a divorce. Perhaps, like many couples, you agreed to an equally shared physical custody and decided to have joint legal custody. You and your ex have been getting along great and co-parenting together. You only live a… Read More »
Helpful New Year’s Resolutions – Family Law Litigation Edition
The beginning of each year is a great time to reflect on the past year and to look forward to the upcoming year, setting goals and starting (or resuming) new productive habits. There are lots of places to look to for help in setting helpful new year’s resolutions, but if you are involved in… Read More »
Rebuttable Presumption in Favor of Shared Custody?
Maryland Leglislation Proposes a Barrier to “Best Interest of the Child” Standard When parents are divorcing, or separating, or cannot agree on a custody schedule, they turn to the Courts to make a decision. So what does the Court do? In Maryland, the Court will hear all the evidence presented regarding what each parent… Read More »
What Can We Learn (NOT to do) From Kanye West’s Social Media Posts
Kanye West’s recent social media posts about his wife Kim Kardashian, their children, their divorce, and Kim’s relationship with comedian Pete Davidson has thrust the topic of online postings and comments during divorces and legal disputes into the public spotlight. Though some Kanye backers are quick to point to Kanye’s artistic expression and unique… Read More »
How Old Does My Child Have to be to Decide Where They Will Live?
Any attorney who regularly practices family law has heard some version of the question: how old does my child have to be to decide which parent they will live with? The answer, not surprisingly, can depend very much on the circumstances facing the particular family. Ultimately, the child’s preference is one factor in the… Read More »
Custody and Access in the Time of Covid-19
Covid-19 has had a monumental impact on almost all aspects of life. Many people have grown accustomed to working from home, going to school from home, and spending lengthy periods of time in quarantine. With all of the regulations and protocols that are in place, how are parents supposed to follow their custody and… Read More »
TOP 10 NEW YEAR’S RESOLUTIONS FOR PARENTS INVOLVED IN CUSTODY LITIGATION (CONTESTED OR UNCONTESTED)
Do not disparage your co-parent to your children. Your children are keenly aware (even at a very young age) that they share the characteristics and DNA of both of their parents. Putting down your co-parent is identical to putting down your child and will ultimately diminish your child’s confidence and self-worth. Do check… Read More »
Maryland Parenting Plans and What They Mean to Parents
Parenting Plans are now a requirement for litigants going through the Maryland court system. A Parenting Plan is a written agreement between parents that sets forth their plan for raising their child(ren) in the child(ren)’s best interest. The courts throughout the state now require parents to work on a Parenting Plan either with the… Read More »
