Maryland Family Law

Summer is in full swing!

At this point, all of the schools in Maryland, Virginia and the District of Columbia are out for summer. If both parents work, you are already familiar with putting together the schedule of camps, babysitters and vacation plans. It can be a delicate balance, and sometimes starting to plan as early as January or February is necessary!

However, it is common for parenting plans and custody orders to allow the parties to alternate choosing vacation or camp weeks, for example. April and May are common deadlines for choosing, which can make planning difficult, especially if you don't have the kind of relationship where you can collaborate with your ex.  Ideally, an online calendar can be a great way to keep track of plans, and even coordinating payment arrangements. If you anticipate you will need the intervention of the courts to set vacation or summer schedules, plan well in advance, as the litigation process is not speedy. Mediation or use of a parent coordinator can be an effective way to work through these kinds of disputes. 

Why Mediation?

You may have seen the news that Mark Sanford and his wife are attending mediation to help resolve their marital issues. Why choose mediation? For many couples, it can be a more humane, empowering and lower cost way to resolve their differences. That is not to say that mediation is cheap, particularly since it can take multiple sessions, but is far less expensive than a fully-litigated divorce and custody matter.  

Mediators have different styles; some will make suggestions for your situation, and others are more passive, allowing the spouses to drive the mediation at their own pace. Some mediators prefer for attorneys to attend and some do not. Also be aware that there are not specific educational or certificate requirements to be a "mediator." You may need a mediator with a strong understanding in tax issues, or business interests. As you speak with various mediators, you may want to ask or read their bio to ascertain person's qualifications.

It is also possible to work with an attorney while you are mediating, and you may want your attorney to attend mediation with you for some or all sessions. Your attorney can also assist you in selecting a mediator that will fit your goals. If you reach an agreement in mediation, you will definitely want to discuss it with an attorney before signing.

Women better off as single parents?

It's no secret that the rate of marriage has declined, and more children are born to unmarried parents. Are women better off raising children alone? Two law professors conclude that for working class women, that may be the case. The article explores this issue by way of the example of an employed, responsible, woman whose partner may not be financially stable. Keep in mind, the article does not address whether that may be in the children's best interest. Generally, kids benefit from being raised by two parents. This is the case even though one parent may have more skill/patience/resources to offer to the children.   What do you think? If you're interested, read the article in Slate here.

Jul 28, 2012

Married couples have various ways of organizing their finances. Some use a pooled joint account for all their income and expenses, others keep totally separate accounts, and still others use combination of those options. Whichever method is used, it is important for the couple to discuss budgeting, preferably before they get married or live together.

Keep in mind that in divorce, the separate bank accounts may still be considered marital property, depending on the source of the funds. If you really want to keep your accounts totally separate, the best course is to enter into a postnuptial agreement. Postnuptial agreements need to be carefully drafted to be enforceable, so you will want to consult with an experienced attorney.

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.

 

Married vs Unmarried parents

As you may have gleaned from previous posts, the law treats married and unmarried parents different in certain respects.  Married men are automatically the legal father of a child born during a marriage for example, while paternity must be established with regard to an unmarried parent.  Another example recently brought to my attention is that children of American fathers born abroad may not be entitled to U.S. citizenship.  Today the Supreme Court will be considering the law in this circumstance.  When you look at the statistics and the way that our society is moving, more and more children are born to unmarried parents.  Similarly, I have seen a fair number of cases where the husband is not actually the father, and can be unfairly charged with the support of the child.  Given our ability to accurately determine paternity, this distinction between married and unmarried parents is feeling artificial and out-dated.  For more information about the Supreme Court case, you can read this article in Slate.

Child Support and Non-Biological Children

I have previously written about paying child support even after you have discovered a child is not your biological child.  In a similar vein, a recent decision in New York held a non-biological parent from a homosexual couple liable for child support.  The court found that is was compelling that the non-biological parent undertook to care for, and raise the child, therefore was responsible for child support.  

This brings me to a broader point...in family law, the decisions that you make while the family is together has  HUGE impact on what may happen in court.  Your past actions are what the judges use to make decisions. 

No legal marriages?

Yesterday, McClatchy.com reported on Texas's new constitutional amendment regarding marriage.  The purpose of the amendment was to preclude any domestic partnerships or gay marriage, however the second part of the amendment is written a bit broadly, provoking controversy over whether the amendment may actually ban ALL marriages.  I would argue that is an unlikely result should anyone bring a legal challenge.  It is a maxim in legal interpretation that if a statute is ambiguous, one would then look to the legislative history.  It is common for findings and goals be found in the records, so I think it unlikely that no marriages are authorized in Texas...but what an interesting legal morass that would be!

Annulments and when is a marriage valid?

Today, an article on law.com discusses the scenario when a couple's marriage by an internet-ordained minister may be invalid.  In Pennsylvania, there has been a recent ruling to that effect, causing many people to wonder if their marriage is invalid.  Can a spouse who wants out of a marriage claim the marriage was invalid to avoid a property division or alimony determination?  In my opinion, the answer in Maryland would be no.  The Family Law statutes provide for these forms of relief in an action for divorce or annulment.  Arguably, if one of the spouses is claiming for whatever reason that the marriage is invalid,  most likely both absolute divorce and annulment may be pled...the judge may determine which is proper but even in an annulment "marital" property can be distributed.   

No same sex marriage in Maryland

Yesterday, the Maryland Court of Appeals (the highest level of appellate court in Maryland) held that same-sex couples do not have the right to get married.  Click here for the 242 page opinion.  This case has been followed closely by proponents on both sides of the issue  all over the country as the States grapple with the issue.  I will not delve into my personal beliefs on this issue, however, I will point out from my perspective as a family law attorney that people living together need to be mindful of the legal issues in owning property together, sharing expenses and the like.  You may find that you have fewer rights and more headaches litigating these issues in the event of a break-up, and may be hurt financially without proper planning.