Maryland Family Law

Representation in civil contempt

Many people are aware that criminal defendants of low means can have representation through the public defender's office.  The same right is typically not afforded in civil cases, unless one can convince Legal Aid or a private attorney to take the case. 

Civil contempt cases blend these two concepts.  In civil contempt, one can be imprisoned, although not convicted of a crime.  The goal is not punishment, but coercing cooperation with the court.  The most typical example is when a parent is incarcerated for failure to pay child support.  Should those individuals be afforded the right to counsel?  This week, the Supreme Court has answered, "Not necessarily."  In Turner v. Rogers, Mr. Turner was incarcerated for 12 months for failure to pay child support.  Neither he nor the custodial parent was represented by an attorney. 

In Maryland, a show cause order is entered giving the delinquent parent notice of the hearing, and if incarceration is requested, notice is given of the right to a public defender.  However, if the parent doesn't contact the public defender in a timely matter, he/she may be out of luck.  I have seen judges order jail time where the non-paying parent did not have an attorney, as long as the judge was convinced the parent could have obtained counsel. 

Staying safe in when the family is in crisis

This week, law.com reported on the occasional act of violence directed toward family law attorneys.  People going through divorce are stressed, and at times, underlying mental illness is a contributing factor to the breakdown of the marriage.  This article is a reminder that people in litigation need to be aware of their own needs, and seek professional help.  Your divorce attorney can likely provide you with information for counselors and therapists experienced in this area. 

New way of thinking in paternity law?

I've written on several occasions about paternity law, and the presumption that a child born during a marriage, is the legal child of the husband (regardless of biological ties).  The law may be slowly evolving on that point.  In Kentucky, the state supreme court recently held that a biological father could assert paternity rights on his child, whose mother is married to another man.   The opinion notes that in an age with DNA testing to a scientific certainty, it makes no sense to rely on legal presumptions instead.  I suspect someday Maryland will follow suit as well.   

Read about it on the Wall Street Journal Law Blog here.

Read Jonathan Turley's take here.