Maryland Family Law

Back to school

Did you know that even non-custodial parents have the right to access medical and educational records for their children?  See Maryland Code, Family law 9-104. 

Resolution for Michael Jackson's children

Yesterday, the LA Times reported that Michael Jackson's mother Catherine Jackson now has permanent custody of his three children.  For a time, there was speculation that Debbie Rowe, the mother of two of the children, would seek custody.  Generally, when the parent with custody dies, the other parent will then have custody of the children (unless it can be shown that the other parent is unfit.)  Even so, if you are separated, it is a good idea to review your will (or get one!) to ensure that your wishes are met within the requirements of the law.   

Update on Sean Goldman

If you've been following this case, fellow blogger and Michigan attorney Jeanne Hannah has included an update.  Too many countries get away with keeping children from their rightful parent, Jeanne's post includes talking points to contact your legislators! 

Custody and foreign countries

In other posts, I have discussed the practical difficulties that can arise when litigation involves people living in different states.  The problems are only compounded when people living in two countries are involved.  Today, CNN posts about a case in Brazil in which a father is attempting to regain custody of his child.  In this case, the mother took the child to Brazil in 2004, claiming it was for a vacation.  The mother has recently passed away, and the child has been in the case of relatives in Brazil.  It can be a very expensive and long process to retrieve a child who has been taken to a foreign country, with no guarantee of eventual return.  The child's relatives want the child to remain in Brazil, supposedly what the child wants as well.  There is another angle to this story as well...as the only remaining parent for the child, the father's rights should prevail over whatever the other relatives want to see happen.  In Maryland, it is very difficult for any non-parent to gain custody over the objection of a parent.  This comes up regularly in my practice, when for example a grandmother, aunt, friend, etc wants to win custody of a child.  It is an appropriately high standard, as the court would otherwise be flooded with cases where a relative feels he or she would be a better caretaker.  What do you think about this issue?  Should a third party be able to win custody from a parent, and for what reasons? 

Celebrate Constitution Day

Today, September 17th, is known as Constitution Day as it is the anniversary of the signing of the U.S. Constitution in 1787.  In family law, there simply aren't as many Constitution issues or Supreme Court arguments since family law is typically governed by state laws.  Still, in honor of today, let's discuss the Constitution and family law issues.  For example, parents (unless unfit) have the right to make decisions regarding their children without the interference from others.  See, for example, the Troxel case, in which the Supreme Court struck down a Washington statute that allowed for non-parents (like grandparents) to petition the court for visitation.  Maryland also has a similar statute, which now has practically no effect due to that decision and a similar decision by the Maryland Court of appeals.  Maybe it's a good thing that the Supreme Court doesn't get into family law very often...you probably woundn't want your family issues to make national news anyway!

Parental kidnapping...it does happen

If you have been following the case of Clark Rockefeller kidnapping his daughter, you may be interested to learn that he was finally tacked down in Maryland.  See this article in the Baltimore Sun for the details of his capture.  For more information about the case, I recommend the posts by Jeanne Hannah, a family law attorney in Michigan.  The consequences of taking a child (even your own!) are very serious.  There is a federal law preventing parental kidnapping, and in Maryland, you may even be found liable in tort for damages relating to the kidnapping.  See this case, on the tort of custodial interference where an award of over $3 million was upheld by the court, including punitive damages.

Legislative wrap-up

The Maryland General Assembly has wrapped up its regular session for the year.  In my opinion there aren't any huge changes in the law this year.  For several years in a row no bill on presumptive joint legal custody was passed, nor was a bill which enumerated the factors for child custody determinations.  A bill which required notice of intent to move also did not pass.  One bill which did pass allows the court to allocate the costs of a court-appointed attorney for the child.  For parents paying the costs, this can be a large amount of money on top of what each parent is already paying for his/her attorney.  An attorney for the child can be very helpful for the court to get a neutral view of what is best for the children and/or what the children want, and is a necessity  when the testimony or opinion of a psychotherapist may be needed since neither of the warring parents can waive the privilege.   

Disagreements and child custody

Today, WTOP news reported on a case in Oregon where one parent wished to have his son circumcized for religious purposes, and the mother did not.   In this case, the mother (the noncustodial parent) lost, and was not even able to present evidence on the possible health and physiological effects of the procedure.  Does it make a difference to you that the son was 12 at the time? 

In Maryland, I think the mother would have gotten to present her evidence.  The Court makes decisions based on the best interests of the child, and should consider numerous factors to determine the outcome.  Some of you may be wondering if this asks the Court to violate the Constitutional separation between church and state.  I say no, as the Court will only be determining WHO makes the decision, not what the decision will be.

Considering your settlement options

Today WTOP news reported on the removal of a judge in our sister state of Virginia.  This particular judge required a litigant to remove her pants so that he could inspect an injury, and flipped a coin in making a custody decision.  For parents with an ongoing custody case, this is a nightmarish thought:  to spend months and thousands of dollars in litigation only to end up with a coin flip.  While this is clearly the wrong approach, it does raise some things to consider.  Whenever your case is taken to trial, there is always some uncertainty.  It's possible that the judge could find you or the other party more credible, as much as you may want to believe you will get everything you want.  It's never too late to settle a case, and you keep control over your family, rather than a judge.  Just food for thought.

Playing dirty may not get you what you want

Today, I read this article from law.com about a set of parents in New York engaged in a heated multi-year custody dispute.  Among the various allegations made by one or another of the parents was being forced to use a time clock for pick-up and drop-off of the kids,  allegations of drug abuse, and allegations about a parent's sex life, and claims that the other parent is a pathological liar.  In summation, neither parent ended up getting what they wanted, and one can only imagine what their respective attorney's fees were.  There is a moral to this story...while it is vitally important to protect your rights, in court if need be, don't lose sight of what is best for the kids.  Try to focus on them, and keep your anger towards the other parent from getting out of control.