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Staying Safe While Divorcing an Abusive Spouse
Despite the protections provided by domestic violence laws in Owings Mills, countless individuals have been victimized by the people closest to them. If you’re considering divorce and your spouse has committed violence or threats of violence against you, then your safety is your priority. Know that acts of violence can unpredictably escalate before victims are able to leave their abusers. Unfortunately, this has caused many victims—mostly women—to lose their lives before they can get away. Don’t wait for the situation to worsen before taking action—get the help you need today.
Contact the local police department.
As soon as you are able, you should report the abuse to your local police department. Call 911 if you need emergency help. When you file the report, be as specific as possible. The report should reflect whether your spouse has an ongoing pattern of abusive behaviors. It isn’t enough to simply say that your spouse broke one of your ribs. To substantiate the case, you’ll need to specify exactly what your spouse did, and what you did during the incident.
Consult a family court attorney.
Your spouse may react violently if you tell him or her that you’re seeking a divorce. Instead of telling your spouse first, and then getting legal help, talk to an attorney right away. Your lawyer can provide guidance on obtaining a restraining order. In the meantime, if you do go back to the shared residency, ask your attorney not to call you at home. He or she shouldn’t call your cellphone, either, if your spouse might check your call logs.
Get to a safe place.
Even the most carefully planned arrangements can be derailed if your spouse becomes violent again. If you or your kids are in imminent danger, your only priority is to get to a safe place. Call 911, go to a hospital, or go to a relative’s or friend’s house if necessary. The nursing staff at any hospital can direct you to the confidential location of the nearest domestic violence shelter.
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Who Gets to Keep the Pet When Couples Split?
Along with child custody, the decision regarding who gets to keep the family pet is often the most contentious part of a divorce. If you can’t bear to think of life without your beloved pet, let your family attorney in Owings Mills know that your pet is your priority. You may have to compromise on other matters, such as giving up some of your share of the marital property.
You can hear more about this complex issue by watching this featured video and consulting your attorney. You’ll hear an interview with Gail, a woman who recently filed for divorce and only requested retaining ownership of her faithful friend, Lucky. Although Maryland divorce law hasn’t caught up to the emotional realities of pet parenthood, the judge presiding over Gail’s case made an exception. He ordered Gail and her ex to share visitation time with Lucky.
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When Can a Custodial Parent Relocate?
Unless the other parent has been denied visitation rights because of domestic violence, it’s rarely an ideal situation for the custodial parent to move far away with the child. Children need ongoing, strong relationships with each parent for their healthy development and mental health. Before considering a long-distance move away from the noncustodial parent, custodial parents should speak with a child custody lawyer in Owings Mills. Noncustodial parents who have been advised of a possible relocation should also talk to an attorney as soon as possible.
Providing Notice of the Relocation
Custodial parents who wish to relocate must have their attorneys provide a written notice at least 90 days before the scheduled move. The notice must be filed with the family court, and delivered via certified mail, return receipt requested to the noncustodial parent. Under certain circumstances, it may be acceptable for the relocating parent to file the notice less than 90 days before moving, as long as the parent does so as quickly as possible and the move is necessary (i.e., for financial reasons).
Agreeing to the Relocation
Maryland child custody laws require relocating parents to provide notice regardless of whether the move will be within the state or across state lines. It’s possible that the noncustodial parent won’t object to the relocation if the distance isn’t considerable. If the noncustodial parent does agree to the relocation request, both parents can file their written agreement terms with the court.
Objecting to the Relocation
It’s common for noncustodial parents to object to long-distance relocations. They must do so within 20 days of receiving the notice. Their attorneys must file a petition that asks the court to block the relocation. Then, the court sets an expedited hearing date. It’s wise to have legal representation at this hearing.
Issuing a Court Ruling
During the hearing, the court will consider any available evidence, including testimony from both parents, before making a decision. Judges have broad discretion in deciding whether to allow relocations. The overriding concern is whether the move would be in the child’s best interests.
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