Maryland Family Law

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!

Grandparent Visitation: What is the new standard?

Last week, the Maryland Court of Appeals issued its decision in Koshko v. Haining, regarding grandparent visitation.  In that case, the grandparents of the minor children filed a suit under Maryland's Grandparent Visitation Statute.  While the parties had a close relationship in the past, even residing with the grandparents for a time, they are now estranged.  The parents had cut off visitation with the grandparents completely.  In this case, the Court of Appeals held that to be awarded visitation, the grandparents must first be able to show that the child's parents were unfit, or that exceptional circumstances existed.  This is due to the presumption that the parent's decisions regarding the care and upbrining of their children are correct.  This case overruled several other past cases, which required a lower standard for grandparents to gain visitation.   What does this mean for grandparent visitation?  The new ruling means it will be much more difficult to grandparents to have visitation with their grandchildren if the parents object.   

New Year's Resolutions

With the start of a new year, it's the perfect time to think about what has been working in your life and where improvements can be made.  Many people plan to "get organized" in the New Year, an excellent idea if you can stick to it!  In that spirit, I encourage you to think about legal issues which may arise soon, for example: tax issues, planning your estate, improving family relations.  If you haven't already done so, take the time to collect information about your monthly expenses, assets, and debts.  You may want to have a will or trust drafted to protect your family and possibly save on future taxes.  If you share custody of children or have a visitation schedule, organization can help to avoid disagreements and unnecessary litigation.  You can mark visitation schedules on your calendar for the year in advance, and set up a system (such as email) to share information about the children with the other parent.  If you are tech-savvy, use a group calendar feature such as Google, Yahoo, or MS Outlook to coordinate visitation.  With a little planning now, you can reduce stress in the new year!