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Contrary to what many people believe, there is no maternal preference when the courts make a determination regarding custody. In fact, the courts always favor both parents have maximum contact with their children. The courts determine custody based upon what is in "the best interest of the child or children." The factors that the court looks at include fitness of each parent, the character and reputation of each parent and the potentiality of maintaining family relations. There is a lot of incorrect information on the internet. If you have any custody questions, please contact my office to set up a consultation.
#familylaw #custody #schedule #childcustody #child #childsupport
Custody is always modifiable in the state of Maryland. If there is a material change in circumstances, e.g. a parent is travelling more for work or a parent is assuming more of the weekly overnights, then either party may file to modify custody. Once it is proven to the Court that there is a material change, then the Court must determine what is in the best interest of the children. The Court will not address the best interests of the child(ren), unless it is proven that there is a material change in circumstance. This means that you can't just ask for modification because you think your child(ren) are better off spending more or less time with the other parent. Always get advice of counsel before filing for modification.
#childcustody #custody #modificationofcustody
The idea of going to trial can be very intimidating and scary. I always recommend and strive for a way to help my clients settle their case. However, don't take a bad deal just because you don't want to fight anymore. Property, financial settlements and Alimony cannot be modified once there is a settlement agreement reach and either in writing or on the record. Once you waive alimony or reach property settlement, you cannot go back to court to ask for a modification. While custody and child support are always modifiable, there must be a material change in circumstance before the court will grant a modification. This is not as easy as it sounds. If it is a settlement that you cannot live with, don't settle and fight for what you want.
Mutual Consent Divorce: Currently, married couples can forgo the one-year separation period and file for a
divorce on the grounds of mutual consent as long as they have a written separation agreement, but only if they have no minor children. This law has now changed. Beginning October 1, 2018, married couples who have minor children will also be able to forgo the one-year separation period and obtain a divorce on mutual consent grounds. There is still the requirement of a written separation agreement and that agreement must not only resolve all financial issues between the parties, but also resolve custody, access, and support of the minor children.
#divorce #marriage #children #childcustody
When there are problems in a marriage, people are hesitant to speak to an attorney because it implies you are ready to move forward with a divorce. Even if you are not ready to move forward, there is no harm in getting information. You should know your rights. Too many times once spouse spends an hour on Google and thinks they know the law in Maryland and uses that information to intimidate the other party. Don't be intimidated. Call me for a consultation whether you are ready to file or not.
#divorce #marriage #children #childcustody #childsupport #spousalsupport