Frequently Asked Questions About Family Law in Maryland
Family law lays out and protects the rights and responsibilities of family members across a broad spectrum of situations. It is designed to achieve fair and equitable outcomes for all family members, adults, and children alike. Because it is legally encompassing, family law is a difficult discussion to frame. Outcomes in court are sometimes difficult to predict. When a family issue arises, it helps to understand what topics are covered under Maryland family law and your rights or a child’s rights under it. The following covers some frequently asked questions covering this wide and often contentious topic.
What Are the Grounds for Divorce?
Separation. If the separation has continued for 12 months uninterruptedly with no intention of resuming the marriage
Mutual Consent where Parties have a written agreement disposing of all issues surrounding the marriage
Excessively vicious conduct against you or a minor child
Cruelty by your spouse against you or a minor child generally refers to a high level of abuse
How is Child Support Determined?
Child support is calculated by a formula outlined in the Maryland Child Support Guidelines, which must be used in all cases where the judge is called upon to make the child support ruling. The only exceptions to the law are situations in which the parties’ joint monthly gross income exceeds $10,000 per month or if other factors logically allow deviation from the formula. Generally, the adjusted incomes of both parents determine the proportionate amount each must contribute to support.
What is the Difference Between Joint and Sole Legal Custody?
Legal custody pertains to parenting roles and decision-making. In sole legal custody, the legal custodian makes a unilateral decision concerning the children. The court or the parties can determine joint custody decision terms through mediation or mutual agreement.
How is Property Divided in a Divorce?
Maryland is an “equitable distribution” state. The court can divide the marital value in whatever percentage it deems fair under the circumstances. In “community property” states, marital property/value is divided precisely down the middle. While that is often the result in Maryland, the court has a decision latitude based on extenuating factors that may leave the division of assets up to the court. One example of such a factor might be the inherited property of one party or the other.
What Happens if Couples Can’t Agree on Visitation?
Unless both parties agree, regardless of the custody designation, most judges award a visitation schedule that includes every other weekend, every other holiday, and an extended visit during long school holidays. Judges will often add one evening or overnight per week, mid-weekend, so the children never go too long without seeing the non-residential parent.
Does the Court Favor Mothers in Custody Cases?
Unlike some less progressive states, Maryland law generally presumes that both natural parents are the natural custodians of their children. The law does not favor either the mother or father.
What Makes a Parent Unfit?
This question begs another: what exactly is an unfit parent? The legal definition of an unfit parent is when the parent, through their conduct, fails to provide proper guidance, care, or support for the child. Also, if there are abuse, neglect, or substance abuse issues, that parent will be deemed unfit. The court, however, recognizes the possible use of bogus charges against a party for reasons of retribution and considers unfit charges very carefully.
What Factors Determine if a Parent Is Unfit?
A parent can be deemed unfit if they fail to meet specific parental criteria.
Setting age-appropriate limits
Understanding and responding to the child’s needs
Has the parent relied excessively on outside childcare?
Refusal to compromise or communicate with the other parent
Psychiatric illnessNegative social functioning
The child’s (generally negative) attitude toward the parent
Best Interest of the Child Standard
Taylor vs. Taylor 306 Md. 290 (1986)
Willingness of parents to share custody
Fitness of parents
Relationship between child and each parent
Preference of child
Potential disruption of child's social and school life
Geographic proximity
Demands of employment
Age and number of children
Sincerity of parents
Financial status of parents
Impact of state or federal assistance
Benefit to parents
What Kinds of Things Does Family Court Cover?
Most questions arise center on divorce, child custody, and child support. Other issues falling under its purview include pre-nuptial agreements, cohabitation agreements, restraining orders, same-sex divorce, adoptions, guardianship, separations, alimony, and civil unions – a whole panoply of situations that may arise in interpersonal relationships. The breadth and depth of issues under the aegis of family court are considered a catalyst for social change and the improvement of an individual's status in society.
The Law Office of Rowena N. Nelson is in Upper Marlboro, Maryland, and specializes in experienced and compassionate representation. We strive to protect your rights while reducing stress. Whether you are going through a divorce, trying to collect on past-due child support, or facing any other family law matter, we can help you achieve your goals.
Contact the Law Office of Rowena N. Nelson now at (301) 358-3271 to schedule a consultation.
Law Offices of Rowena Nelson
1801 McCormick Drive, Suite 150
Website: https://rnnlawmd.com
