One of the most contentious aspects of divorce law is child custody. It’s common for parents to have trouble working together, long after a judge hands down a ruling on the type of child custody they will have. Since future conflicts are almost inevitable, it’s best to take a proactive approach. Parents can be proactive about handling child custody problems by becoming knowledgeable about child custody laws in Owings Mills, and by keeping the phone number for their family lawyers close at hand.

Visitation Denial

Denied visitation is one of the most common—and most serious—child custody issues. Custodial parents sometimes deny visitation if the other parent is late with child support or alimony. Perhaps less commonly, parents with visitation rights may decide to purposely withhold child support or alimony in an attempt to barter more visitation time with the child. Neither situation is legally allowed, nor is it healthy for the child. It’s important to remember that, legally speaking, child support and alimony are completely separate issues from custody and visitation. If the other parent has refused to transfer the child for your court-ordered visitation, you should document the problem, call your family law lawyer, and perhaps file a petition with the court requesting that your visitation rights be enforced.

Child Transfer Tardiness

For busy parents, running a few minutes late now and then is to be expected. But when a parent consistently runs late when he or she is supposed to pick up a child for visitation, this may have harmful psychological effects on the child. Sometimes, the best course of action for this problem is to simply chat with the other parent about the schedule. Avoid being argumentative or confrontational, but do point out the effect the tardiness has on the child. Perhaps the two of you could make a few simple scheduling changes to avoid this problem in the future.

Legal Custody Disagreement

Joint legal custody means that both parents have a say in the major decisions for a child’s upbringing, such as the child’s education, healthcare, and religion. It isn’t always easy for parents to come to a consensus on these issues, but it’s important to maintain civility in your conversations. Perhaps there’s an underlying reason why the other parent constantly challenges your suggestions. The other parent may feel that he or she doesn’t get enough time with the child, for instance. In this situation, professional mediation can help.

Divorce typically has substantial effects on personal finances. Not only will the spouses have to adjust to living on a single income, but they won’t have access to the same financial assets as before. The division of property is subject to Maryland divorce laws and factors that are unique to each individual case. For accurate legal guidance, it’s advisable to consult a divorce attorney serving Owings Mills .

What is marital property?

It’s a common misconception that marital property refers solely to property that is jointly owned by both spouses. In fact, marital property includes almost any property that was acquired during the marriage. This applies regardless of which spouse purchased the property or earned the wages. Marital property includes vehicles, furniture, artwork, real estate, stocks and bonds, bank accounts, and retirement accounts. There are a few exceptions to this rule. If one spouse receives an inheritance or property as a gift, it’s considered non-marital property. Property is also excluded if there is a valid, legal agreement that excludes it.

Is marital property divided 50/50?

Another common myth about property division in a divorce is that each spouse receives half of the marital assets. Maryland is an equitable distribution state, rather than a community property state. In an equitable distribution state, the court issues rulings on property division based on what would be fair for both parties. A fair result isn’t necessarily an equal distribution.

Can property be both marital and non-marital?

In certain cases, it’s possible for property to be marital and non-marital. One person might purchase a condo before the marriage, which would make the condo non-marital property. However, if marital assets are then used to pay the mortgage, the condo becomes partially marital and non-marital property.

Does the length of the marriage factor into property division?

The length of the marriage does not necessarily have a significant impact on property division, unless the marriage was short-lived. Short-term marriages do not generally give the spouses enough time to accrue significant marital property. In these situations, the goal of the court is generally to restore both individuals to their pre-marital financial situations. The spouses can expect to keep the property they each brought to the marriage, and fairly divide any assets acquired during the marriage.

Regardless of the type of child custody arrangement you have, it may be possible to get a child support order modified. Talk to a lawyer in Owings Mills who is knowledgeable about divorce law. Your family law lawyer may be able to file a petition to request a modified court order if you can demonstrate that you have experienced significant financial changes that affect your ability to pay the current support order. For instance, you may have suffered job loss or hour reductions. Or, you may have recently become responsible for paying child support for a different child.

As you’ll learn by watching this featured video, it may also be possible to request a modification of child support based on changes in the financial circumstances of the other parent. If the custodial parent has recently secured a higher paying job or has received a large inheritance, it may be possible to reduce the support obligations.

During a divorce, separating property and assets can be a daunting process. Ideally, a divorce lawyer in Maryland can represent your interests during this negotiation process to ensure that your rights are being protected. If you and your ex cannot agree on how to divide the property, the court may make a determination that equitable distribution should occur.

Equitable distribution means dividing all of the marital assets in a fair manner. This standard does not mean that property is divided up equally but rather that is it shared between the two parties in a way that is deemed equitable based on factors such as the duration of the marriage, the financial and nonfinancial contributions made to the family by each party during the marriage, and each party’s current financial situation. Because equitable distribution is extremely complex, having a divorce attorney at your side is essential. Your attorney can accurately represent your claim to marital property during a divorce so that you get your fair share of the assets. He or she may also help with property division negotiations before you go to court, so that you and your ex can attempt to settle the dispute without legal intervention.

Alimony, or spousal support, is frequently an area of dispute in divorce cases. Before discussing spousal support in your divorce settlement, you should have an experienced alimony attorney in Owings Mills on your side.

Watch this video to learn more about how alimony is decided during divorce cases. In addition to any applicable state laws, courts consider each family’s individual circumstances before ruling on alimony. Your divorce lawyer can build a case that demonstrates your current financial standing after your marriage ended to argue either that you are entitled to support from your spouse if you are seeking alimony or that you should not have to pay to support your ex if you are fighting an alimony request.

When you’re facing a divorce in Maryland , it’s common to have questions about the process and how it will affect your future. As soon as you make the decision to separate, retain an experienced divorce attorney who can represent your interests as you negotiate with your ex on issues like child support and alimony. As you make decisions about your divorce, keep these answers to some frequently asked questions in mind.

What kind of divorce can I get in Maryland?

In Maryland, there are both no-fault and fault-based divorce. A no-fault divorce is the easiest to obtain. To qualify for a no-fault divorce, spouses must live apart voluntarily for one year without interruption if children were born during the marriage, or if no children were born during the marriage, spouses may qualify immediately if certain other criteria is met. If you seek a fault-based divorce, your divorce attorney will need to prove a reason for the divorce, such as adultery, cruelty, deliberate desertion that has continued for 12 months or more, or a criminal conviction that includes a three-year or longer sentence. Your attorney will help you choose the right type of divorce for your situation.

What is the difference between a limited and absolute divorce?

A limited divorce is similar to a legal separation. During a limited divorce, the couple is separated but the marriage is not terminated. Issues such as child custody and alimony are often decided on a temporary basis during a limited divorce, but those determinations can then roll over to an absolute divorce. An absolute divorce is the final, legal dissolution of a marriage. Limited divorce is not appropriate for every case but can be helpful in instances in which couples have not yet met the requirements for absolute divorce but need assistance in settling their differences until they become eligible.

How are child support and alimony different?

Child support is paid specifically to meet the financial needs of the children that were conceived during the marriage. It is typically paid to the custodial parent. Alimony is spousal support and is designed to prevent one spouse from experiencing a significant decline in lifestyle or financial standing after divorce. Courts consider each case individually before ruling on child support and alimony.

Virtual visitation is a new trend in divorce law that is designed to enhance traditional visitation agreements. With virtual visitations, non-custodial parents who do not live in the same location as their children can have increased communication using technology like web chats, social media, and instant messaging. When you’re considering types of child custody and visitation in Maryland , it is important to have an attorney on your side to represent your rights and interests. If virtual visitation is an issue in your child custody case, here is what you need to know.

What is virtual visitation?

Virtual visitation is the use of technology to connect non-custodial parents and children outside of their traditional visitation times. It can be used to allow kids and parents to keep in touch about day-to-day activities or to share major events, like a play or recital, with non-custodial parents who can’t attend the event. Because virtual visitation is a new phenomenon, there is no standard type of order for these cases. The courts may specify which virtual platforms should be used for visitation, when the visits should occur, and that the child and parent be allowed to communicate without oversight from the custodial parent.

Who is a candidate for virtual visitation?

One common child custody issue is what happens if the custodial parent wants to relocate. Even if the relocation is in the best interest of the child, it can still take a toll on the relationship between the child and the non-custodial parent. Virtual visitation can help ensure that the connection between parent and child stays strong. The same standards apply to virtual visitation as traditional visitation, so parents who are not eligible for in-person visits with their children will not be awarded virtual visitation.

Does virtual visitation affect other forms of visitation?

Virtual visitation cannot be used to in place of traditional visitation. It is supposed to supplement the in-person visitation schedule rather than replace it. Neither parent can use virtual visits as a way to change the traditional visitation schedule or to replace scheduled visits.

Maryland criminal law recognizes different types of theft crimes, including shoplifting, larceny, and receiving stolen property. All criminal offenses, regardless of the potential penalties, should be taken very seriously because a conviction can affect a person’s reputation and employability for years to come. If you have been charged with theft, contact a criminal defense lawyer in Owings Mills right away. Your lawyer can defend you from a misdemeanor or felony theft charge .

A misdemeanor theft charge is used when the value of the stolen property is less than $1,000. A conviction is punishable by up to 18 months behind bars and fines of up to $1,000. Theft of an item valued at less than $100 is punishable by a maximum of 90 days in jail. Theft of an item greater than $1,000 is a felony and is punishable by up to 15 years and $15,000 in fines. For all theft convictions, the stolen property must be restored to the rightful owner or an equal amount of restitution must be paid.

Many marriages end with a prolonged divorce case contentiously argued in court, but not all divorces have to take this route. Your family law attorney in Owings Mills may recommend that you give mediation a try, especially if you’re interested in getting the case finalized quickly and retaining some control over the outcome. Divorce mediation is particularly helpful for resolving child custody issues. This is because it establishes a foundation of working together for the best interests of the children. Your divorce lawyer will help you prepare for your mediation session.

Preparing for Your Appointment

You can get the most out of each mediation session by arriving prepared. Organize all of your divorce-related paperwork and keep it in one folder. You should bring paperwork that details your assets, debts, retirement funds, and income. The mediator may send a packet of materials to you that you should review in advance. You might be asked to sign a confidentiality agreement, for example.

Identifying the Issues

After explaining the purpose and format of mediation, the professional mediator will establish the rules for speaking. When one party is given the floor, the other person is expected to refrain from interrupting. You’ll each have an opportunity to identify the issues that need to be resolved. These generally include child custody, child support, spousal support, and property division. Within those categories, it’s helpful to work on one specific issue at a time, such as who will live in the family home, how the parties will communicate with each other, and how household rules will remain consistent across both of the child’s residencies.

Discussing Concerns and Proposals

As the group works through each issue in mediation, both spouses will have an opportunity to clarify his or her concerns, goals, and proposals without interruption. After each person finishes speaking, the mediator can help him or her elaborate on these concerns. The other spouse will then have an opportunity to ask questions and respond. The mediator helps each spouse, together or separately, develop a proposed solution. The other spouse may choose to accept part or all of the solution, or offer a counter-proposal. In this way, the group works toward solutions that are mutually agreeable.

During a divorce in which the spouses share children in common, a family law attorney in Owings Mills can help the parties develop a proposed visitation plan. Normally, visitation occurs at the parent’s house. Occasionally, a judge may order supervised visitation, in which a neutral third party is present for the entire visitation to ensure the safety of the children. If you have concerns about your children’s safety when they are with your ex, talk to your custody lawyer about requesting supervised visitation.

Can I request supervised visitation for my ex?

Maryland family courts generally only require a parent to have supervised visitation if there is a reasonable belief that a child has been neglected or abused by that parent. It is not sufficient to request supervised visitation because you’re concerned the other parent might not help the kids with their homework or enforce limits on TV time. But if you do have reason to believe that your kids are not safe with the other parent, don’t hesitate to voice your concerns to the divorce lawyer.

Where does supervised visitation take place?

This is determined on case-by-case basis. Occasionally, the judge may allow supervised visitation to take place in the home of another relative. Alternatively, supervised visitation may occur at a family services center under the direction of a court-appointed facilitator.

Is supervised visitation the same as a monitored exchange?

Family service centers may also provide monitored exchange programs, but these are not the same as supervised visitation. A monitored exchange program allows the parent to drop off the child at the center and then leave. The other parent then picks up the child for unsupervised visitation.

Is there a fee for supervised visitation?

Some family service centers do charge fees, while others offer free services. Some centers require both parents to pay an upfront intake fee and the visiting parent to pay the hourly charges.

How will I know that my child is safe?

When your child is at a supervised visitation, you can rest assured that he or she will be closely watched by the staff. Staff members are trained to intervene whenever it is necessary to promote appropriate interactions between the parent and child. These staff members have experience working with children affected by divorce and separation, and they can help your child feel safe and secure.