Maryland Family Law

Custody Basics

Either parent may seek custody of the children, there is not automatic preference for the children to reside with the mother or the father.  The Court may award residential custody (which may be primary or shared) and also legal custody (which may be sole, joint, or a hybrid).  Legal custody refers to the right to make major decisions regarding the health, education, religious upbringing and general welfare of a child.  Occasionally, a non-parent, such as a grandparent, may be able to gain custody of a child, if there are exceptional circumstances present.

Child support is based on the Maryland Child Support Guidelines, and is dependent on the incomes of the parties, certain child related expenses and the amount of time the children spend with each parent.

What can you learn from celebrity custody drama?

Tmz.com reported about a custody battle brewing between Pittsburgh Steeler Antonio Brown and the mother of his son, who claims he is keeping the child without her permission.  Antonion Brown disputes the claim, saying the child has been living with him for some time with the permission of the mother. 

While not everyone has a child with Antonio Brown (or so is my hope), there is lot that one can take from this scenario.  Lots of couples end up making verbal arrangements for their children's schedules.  This can work out well at times, and other times, it can lead to huge disagreements about what the arrangement was exactly.  You do not want to find yourself at a hearing trying to explain to a judge or master what you thought the arrangement was. 

Don't take your kids to court!

I just heard about this story from Detroit last week...apparently during a custody hearing over an infant, a fight broke out among the litigants.  The security guard, who was caring for the infant in question during the hearing, lost track of the child as he attempted to intervene in the brawl.  According to the news item, the child has not been recovered. 

Another bizarre twist the story is that the father (who had killed the mother) was awarded custody of the child.   

This story raises more questions than it answers....why was the child in court?  What were the circumstances of the father killing the mother?  Was the fight staged?  Where is the child now?  Sometimes truth IS stranger than fiction.

Which jurisdiction to file?

I receive many calls and emails each week from people wondering where their case should be filed.  Sometimes, more than one jurisdiction is possible.  Invariably, the client underestimates the amount of information I need to decide where a case can be brought.  Sometimes strategy becomes part of the equation as well, i.e., is there a preferable jurisdiction for the case?  While this can be a complicated issue, the D.C. Court system has created a flash program to help people make these decisions. 

If your case may have interstate or international issues, however, I urge you to at least consult with an attorney in one of the jurisdictions.  Filing in the wrong location can be a huge waste of time and money!

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.

 

Parental alienation [syndrome]

A lot has been said and written about Parental Alienation, and debate has been heating up regarding whether parental alienation syndrome belongs in the DSM 5, ie, whether it is a diagnosable mental health condition.  Simply speaking, parental alienation is when a child refuses contact/visitation with a parent for unjustified reasons.  In dealing with custody cases, one does come into contact with people with various forms of mental health conditions, and I have seen children caught in the middle of nasty divorces.  Sometimes the vitriol comes from one parent, and sometimes from both parents.  Based on my (non-scientific) observations, parental alienation of ranging severity does occur.  It is unfortunately common for parents to share litigation details with their children, discuss the appropriateness of the child support award with their children, etc.  On the opposite end of the spectrum, children may begin to internalize the negative comments of one parent and refuse to visit with the non-custodial parent.  In my opinion, even very flawed parents should have the opportunity to bond with their children, given appropriate safeguards.  Keep in mind, the judge WILL give each parent time with the children, even if your ex feeds the children fast food every night, has a boyfriend with a DUI, and lives an hour away!  When you are in the middle of litigation, try to remember that the other parent wants to have a relationship and bond with the children, just as you do.   

For a contrary view, see this article on Slate.  Dahlia Lithwick argues that parental alienation is mainly a tool used by fathers against mothers.  I do believe that can happen as well, but it is a mistake to fail to consider possible parental alienation in custody cases. 

More divorce resources!

Children in the Middle is a parent education program which helps parents to focus on their children's needs during and after a divorce/separation.  It is very easy to focus on anger and resentment, and to forget that your children are hurting too.  Consider what efforts you can make to keep the bond between your child and your child's other parent strong; in the vast majority of families this is an important and positive part of your child's development. 

Dividing child-rearing duties

An article on Slate explores why according to a new study, dads tend to report spending more time engaging in child-rearing activities than they actually do.  One trend the article identifies is that more men find it acceptable and "manly" to be active dads.  Another snippet piqued my interest as well:  there are fewer stay at home dad's than previously estimated, citing a Census study finding 158,000 stay at home dads in contrast to media reports as high as 2.5 million.  What does all this mean?  An unequal division of child-rearing has an impact on custody decisions for separating couples.  Being an active participant and decision-maker is important in showing the court you should have shared or joint custody.     

The Supreme Court and family law

As most people are aware, the U.S. Supreme Court hears a small percentage of the cases seeking review.  Typically, the cases chosen are those involving an interpretation of federal law, particularly when the Circuit Courts (the middle level appellate courts) disagree.  As a result, family law cases are relatively rare for the Supreme Court.  Earlier this week, the Supreme Court published an opinion in Abbott v. Abbott, which involved the Hague Convention on the civil aspects of International Child Abduction, and the U.S. Federal law which adopts it.  International custody disputes have made the news in recent years.  In the Abbott case, the parties had a custody order from Chile, where the parties had lived.  The mother had custody of the child and was prohibited from taking the child out of the country without the father's consent.  The Supreme Court reversed the 5th Circuit, holding that the father did have the right to challenge the mother's removal of the child.  Does this mean that international child abduction will soon be a thing of the past?  Doubtful, as this decision only impacts one out of many countries, and does nothing to address the practical concerns of litigating in multiple countries. 

Religion and children

Who gets to make decisions about a child's religious upbringing when parents are separated or divorced?  Under Maryland law, a court can award legal custody (major decision-making authority) to both parents jointly, or to either parent.  There are also "hybrid" approaches out there, for example one parent may be the designated tie-breaker, or perhaps if mom is a teacher, she makes the educational decisions, while other decisions are made jointly.  If a parent has legal custody of the child, he or she make the call regarding religious issues.  Sounds simple, right? 

Newsweek has a story about a situation in Illinois, in which the mother has legal custody, however the father is also attempting to expose the child to his religion as well.  Does it matter that the parties celebrated the same religion when they were together?  Does it matter what kinds of religious activities are planned (for example, taking the child to church isn't a problem, but having her baptized is?)  I think the specific facts are going to matter as far as what a judge will enforce.