If you are considering legal separation or divorce in Owings Mills , or anywhere in the Baltimore metro region, you should consult with an experienced divorce lawyer in your area. Divorce laws are complicated, especially if there are child custody issues in consideration, and a divorce lawyer can make the process less stressful and emotional for you. Here are some helpful tips for preparing emotionally for divorce.

Don’t Obsess Over Winning Your Divorce Case

When couples begin divorce proceedings, they are often very concerned with “winning” their divorce case. In general, divorce cases involve issues of child custody, dividing assets and liabilities, and negotiating child support. It is rare that one party will get everything that he or she wants in a divorce order or child custody order. Instead of obsessing over trying to make every aspect of your divorce or child custody case go your way, you should make an attempt at divorce mediation, or discuss the possibility of an uncontested divorce with your partner.

Be Familiar with Child Custody Laws

One of the most stressful and emotional aspects of any divorce is navigating child custody issues. You can minimize your stress by consulting with a family law attorney who is experienced in child custody laws. Your divorce lawyer should carefully explain the state and federal child custody laws so that you know what to expect and won’t experience any surprises. Divorce mediation can be very helpful when dealing with complex child custody issues, and will make it easier for you and your spouse to agree upon child support and visitation. You can also seek support from a professional counselor to deal with stress you might experience.

Begin Preparing for Your Future

You will feel much more in control during your divorce proceedings if you immediately begin preparing for your future. It might be difficult, but you should avoid focusing on past mistakes, and instead construct a viable plan for your future. Make good faith attempts to work with your spouse on reaching mutually beneficial agreements regarding child custody issues and property division rather than contesting everything throughout the divorce proceedings.

In an ideal divorce or legal separation case, both spouses would be able to mutually agree upon a child custody arrangement that serves the best interests of the child. However, child custody is usually more complicated than this. If you’re thinking about filing for divorce and you share minor children with your spouse, you should consult a child custody lawyer serving Owings Mills as soon as possible. Your lawyer can help you understand the child custody laws that may apply to your case.

Amicable Resolution of Disputes

When you and your spouse cannot agree on child custody, the judge may order both of you to attend mediation sessions. During these sessions, an impartial mediator will facilitate a discussion in which both spouses try to negotiate an acceptable custody arrangement . Although doing so can be difficult, it’s best to try to set aside feelings of animosity toward your spouse and to work together for the sake of your child. When successful, mediation can help spouses establish a long-term working relationship. When mediation fails to resolve child custody disputes, the matter is turned over to the judge.

Parental Communication Issues

Your divorce lawyer may have already informed you that Maryland child custody laws allow judges significant discretion in determining child custody. Judges must evaluate the totality of circumstances to determine which arrangement is in the child’s best interests. One of those factors may involve the ability of both parents to communicate with each other. This is particularly important for establishing whether parents will share joint legal custody. Each spouse must demonstrate that he or she is capable of mature conduct when communicating with the other party in order to reach decisions for the child’s upbringing. It is not necessary for ex-spouses to agree on every detail of childrearing; however, they should be able to work together to make major decisions, such as those involving healthcare and education.

Primary Caregiver Role

Another factor involved with resolving child custody disputes is the primary caregiver of the child. The judge may consider which parent fulfilled this role when making decisions regarding physical custody and visitation. This factor is particularly influential when the child is young. If you are seeking primary physical custody, your divorce lawyer may advise you to begin documenting your responsibilities as the child’s primary caregiver.

Dating while a divorce case is pending is not advisable for a few reasons. As your lawyer in Baltimore County can explain to you, Maryland courts will allow a no-fault divorce if spouses with minor children have voluntarily lived apart each day for one year. Bear in mind that if one spouse does not want a divorce, this time period increases to two years under divorce laws in the state. Maryland family laws also allow for fault-based divorces, which do not require documentation of a legal separation. One of the grounds for a fault-based divorce is adultery.

Until your divorce is officially finalized, you are still legally married even if you have been living apart from your spouse. This means that if you begin dating prematurely, you could be considered to be an adulterer. Additionally, your spouse may introduce evidence of possible misuse of marital funds, such as by diverting martial funds to pay for expensive vacations or luxury items for your date. If this occurs, the court may consider these issues in light of whether you or your spouse is requesting spousal support.

One of the benefits of hiring a family attorney near Owings Mills is that he or she can provide legal guidance when you experience a problem with child custody or support. If your ex-spouse fails to make timely child support payments, your divorce lawyer can explain your legal options. These options do not include denying visitation to your ex-spouse. Visitation and child support are two completely separate issues. Only a court order can modify a child support arrangement .

Under most circumstances, children need ongoing access to both parents, regardless of whatever disputes may arise between the parents. Child support is not dependent upon the amount of time spent with either parent. For example, if a child spends a few weeks with the non-custodial parent during the summer, the non-custodial parent is still responsible for paying child support during those weeks. If you to attempt to reduce or deny visitation because of late child support, your ex-spouse may hire a family law attorney. The divorce lawyer can file a petition with the court to request that visitation rights be enforced.

Although service to one’s country is invaluable, military families face incredible challenges. The strain of a lengthy deployment can often contribute to the breakdown of a relationship and a subsequent divorce proceeding. However, even in the absence of divorce, military families may need to consult a child custody lawyer serving Owings Mills. This is because the military mandates the creation of Family Care Plans for certain servicemembers.

Family Care Plans

A Family Care Plan is a document that establishes child custody arrangements; however, it is used by parents who are not divorcing. The military requires servicemember parents to have an official Family Care Plan under certain circumstances, such as when both parents are active duty servicemembers with children under the age of 19. This document details how care will be provided to the children in the event that one or both parents are deployed on a short-term or long-term basis. For example, during a short-term absence such as a week-long training program, the child might stay with a nearby aunt or uncle. For a long-term deployment, it may be more appropriate for the child to stay with a different relative, even if this relative lives farther away. Military Family Care Plans also designate a guardian for the child in the event of the death of the military parent. A family law attorney can help parents develop a Family Care Plan.

Military Relocations

When military parents separate or divorce, relocations can be particularly tricky. Child custody is governed by state law, even for military families. This means that it is likely that the custodial parent will have to ask the court for permission to move with the child when that parent is transferred to a different post.

Child Custody Modifications

The Servicemembers Civil Relief Act (SCRA) gives military parents certain legal rights. When an active duty servicemember is deployed and the other parent files for divorce or a change in child custody, the active duty servicemember can obtain a stay of court and administrative proceedings. This stay postpones court proceedings for 90 days to allow the servicemember to be present. Sometimes, the judge may decide to extend the stay.

Although divorce can be emotionally difficult for couples, it is particularly devastating for children. Child custody arrangements that allow for joint legal and shared physical custody are usually the best choice for the children because they minimize the negative effects of a broken household. If your family law attorney is working on your child custody case in Owings Mills, you should consider the possibility of joint custody . With joint custody, the children are less likely to blame themselves for the divorce or to feel as though one or both parents do not love them anymore.

Collaborative joint custody allows children to grow and develop in a healthy manner, and to feel that they can love both parents equally without betraying the other parent. One key aspect of making joint custody work after a divorce is to enforce continuity of household rules. Children who must adapt to different rules and expectations depending on which household they are in are more likely to feel resentful. Continuity across households prevents kids from feeling as though they’re “caught in the middle.”

After a divorce, you may wish to consult a child custody lawyer serving Baltimore County or the Owings Mills area regarding compliance with child custody laws , such as those that pertain to passports. Children under the age of 16 cannot apply for a passport by themselves. Provided the child does not have only one parent or guardian, both parents must appear in person with the child to apply for the child’s passport. If the divorce was not amicable and child custody was highly contentious, one parent may apply in person with the child, provided he or she has the consent of the other parent.

You can hear more about this complicated issue by watching this video. It explains that the parents must fill out and submit the DS-11 application. If both parents are not physically present with the child, then the application must be accompanied by a signed and notarized Form DS-3053: Statement of Consent from the other parent.

Child custody laws vary from state to state. For information specific to your child custody case in Owings Mills or anywhere in Baltimore County, you’ll need to consult a family lawyer in Maryland. Your attorney can explain the aspects of family law that are applicable to your case and debunk any misconceptions you may have about child custody cases.

Myth: The Court Cannot Require Mediation

Under Maryland family law, the court is authorized to order mediation , depending on the circumstances. However, during mediation, the parents are not legally required to agree to the terms of a child custody arrangement. If mediation does not result in a settlement, the case goes before the judge. When deciding whether to make mediation mandatory, the judge will consider whether mediation is appropriate and beneficial to the parties or to the child. The court may not order mediation if there is reason to believe that the child or either party has been a victim of abuse.

Myth: Mothers Almost Always Gain Custody

Mothers frequently do gain child custody; however, family law is not biased toward either party. The judge will not consider the sex of the party when determining whether to grant custody. Rather, the judge will consider which arrangement is in the best interests of the child. If the mother works long hours outside the home, while the father works from home and has more time for the child, then the father may be more likely to gain primary physical custody.

Myth: Parents Can’t Write Their Own Custody Agreement

During a divorce or legal separation, parents often disagree about child custody arrangements. However, some parents are able to work through the issues in an amicable fashion. If both parents work together to develop a suitable child custody arrangement and they agree on the issues, they can write their own stipulation and consent order. If the judge agrees to this written document and signs it, then the order is legally enforceable.

Myth: The Custodial Parent Can Refuse Visitation

Both parents are legally required to abide by the terms of the custody order. The custodial parent cannot refuse the other parent’s visitation rights, even if the other parent has failed to pay child support. Likewise, the non-custodial parent must return the child to the custodial parent at the time specified in the order.

Child support is one of the many issues that must be resolved during divorce. Child custody laws require you to pay child support if you are the non-custodial parent. The amount of child support you must pay depends on many factors, including your state’s guidelines, the income of both parents, childcare needs, and medical expenses. For personalized guidance, you should contact a child custody lawyer serving Baltimore County and Owings Mills.

You can also watch this video for general information about child support after a divorce or legal separation. It explains that your family lawyer may instruct you to add any alimony you receive or subtract any alimony you pay when calculating your net annual income. Other factors that may influence the amount of child support include whether you currently pay child support for other children.

Ideally, child custody issues are resolved with a court order. Unfortunately, it’s not uncommon for an ex-spouse to violate this arrangement, even if it is a legal document ordered by the court. If the ex-spouse violates any clause in the child custody order, you should contact your child custody lawyer serving Owings Mills right away. Your divorce lawyer will evaluate the situation and provide legal guidance.

Have Certified Copies of the Court Order
You should always have certified copies of the child custody order on hand. If you only have a verbal agreement with your ex-spouse regarding parenting time, you need to contact a divorce lawyer and request help obtaining a court-ordered child custody arrangement. If the divorce was particularly contentious and your ex-spouse has a history of hostile behavior, you may wish to keep a certified copy of the court order with you when it’s time to pick up your child.

Consider Communication with the Other Parent
The police and the courts do not generally encourage requesting enforcement actions for minor violations of the court order. Consider whether the nature of the violation may have harmed your child in any way. If not, consider discussing the violation with the other parent. It may be best to do so in writing, such as by email, so that there is a record of the communication.

Keep a Record of Violations
In addition to keeping records of your communication with your ex-spouse, it’s important to keep detailed records of each violation. As soon as the violation occurs or you become aware of it, write down the date and exactly what happened. Make a note of how the incident specifically violated a clause of the court order.

Consider Police Intervention
For serious violations of a child custody order, consider contacting your local police department. For example, if you go to your ex-spouse’s home to pick up your child and he or she refuses to let the child go with you, you should generally call the police. Remember that the police cannot take any action unless they see a certified copy of the court order.

Contact Your Family Lawyer
Keep your family lawyer informed of the violations. Your family lawyer can send a notice to your ex-spouse advising him or her of the court order. If needed, your lawyer can request that the judge hold the parent in contempt of court.