Absolute Divorce
Family law encompasses many different types of cases. The most common type that we encounter is the absolute divorce. When the Court orders an Absolute Divorce, the divorce is permanent and final. This will restore the parties to single status and the court will issue orders for matters related to custody, visitation of minor children of the marriage, child support, spousal support, alimony, and confirm or divide community and separate property assets and debts.
Maryland Limited Divorce
A Limited Divorce is a judicial recognition that the parties are separated, although still married. The court can issue orders regarding child custody, visitation, and spousal and child support, but it cannot determine or divide marital property. A Limited Divorce may be terminated by the parties, who are then free to resume their marital relationship, or can be converted to an Absolute Divorce, thereby ending the marital relationship once and for all.
Maryland Child Support
Every child has a right to receive support from both parents, even if the parents are separated, divorced, or never married. When you open a child support case in Maryland, in most instances the court will order both parents to provide the financial, medical and emotional support their children need to grow and thrive. We can help you work to make this process as straightforward as possible. If you already have a child support order but need to reduce or increase the amount you were ordered to pay or receive you can go to court to have the order modified. Call our office today for a family law consultation and we can walk you through the process.
Maryland Child Custody
When determining the home in which to place the child, the court strives to reach a decision in “the best interests of the child.” A decision in “the best interests of the child” requires considering the wishes of the child’s parents, the wishes of the child, and the child’s relationship with each of the parents, siblings, other persons who may substantially impact the child’s best interests, the child’s comfort in his home, school, and community, and the mental and physical health of the involved individuals.
The parent with custody controls decisions pertaining to the child’s education, religious upbringing, and health care. Courts have the option of choosing one of several types of custody. Temporary custody grants custody of the child to an individual during the divorce or separation proceeding.
Exclusive custody endows one parent with all custody rights to the exclusion of the other parent.
The non-custodial parent may receive supervision rights or in certain cases, supervised visitation rights. Joint custody grants the parents equal rights in making decisions regarding the child’s upbringing. Courts award joint custody for cases in which both parents can properly perform their duties as parents. If one parent sues for exclusive custody, the suing parent must rebut a presumption that joint custody is in the child’s best interests.
A court can award the custody of a child to a third party if the third party has sought custody. The third party is often a grandparent or other close relative.
If the marriage results in multiple children, a court has the authority to separate the children and split the custody between parents in accord with the best interest of each particular child. Ordinarily, however, the best interests of a child will be to live with that child’s siblings, in part for reasons of emotional support.
Establishing Paternity in Maryland
Your child deserves all of the advantages in life that two parents can give. There are some special reasons to establish paternity.
Benefits For Your Child: Your child may be eligible for some benefits because you have established paternity. These benefits may include Social Security, veteran’s benefits, health insurance, life insurance and inheritance. Establishing paternity ensures you can provide for your child even when the unexpected occurs.
Family Medical History: Knowing the family’s full history of diseases, illnesses and birth defects will help your doctor if your child becomes sick. It’s important to know the father’s medical history for this reason.
Child Support: Your child needs and deserves both emotional and financial support from both parents. You may think that you can get by on your own and live without any help from your child’s father. But you may change your mind some day. A court can’t order child support without legal proof of paternity. It’s easier to get that proof today than to wait.
Maryland family law allows you to establish paternity through a court order or through an Affidavit of Parentage form. If the issue of paternity is contested and cannot be resolved through genetic testing alone, a judicial proceeding may be scheduled to decide the issue of paternity. If you are currently receiving Temporary Cash Assistance payments, your case will automatically be referred to your local office of child support enforcement by the Department of Social Services and you will need to apply for services.
Adoption in Maryland
A Maryland adoption case is usually filed by a private party. This type of adoption is often filed by a stepparent or co-parent who would like to adopt his or her partner’s child.
In all types of adoption cases, if the natural parents can be found, they will be asked if they consent to the adoption. If they do not consent, they can file an objection to the adoption.
Thorough investigations may be conducted and many documents must be filed with the court for an adoption in Maryland. This allows the court to determine what is best for the child. The court will hold a hearing and will determine whether to grant the adoption.
Don’t feel overwhelmed. Call for a consultation so we can discuss your options.