Wednesday, June 16, 2010

Use and Possession Affecting Stepchildren Divorce in Maryland

Use and possession in a divorce in Maryland involves the custodial parent having access to use the marital home or personal property acquired during the marriage for the benefit of the minor children in their custody. Often times an issue will arise as to whether or not a child is a child of the family. This occurs in a situation where there is a stepchild for example. Initially, a stepchild was found to be a child of the family the Court of Appeals in Maryland addressed the definition of child of the family to say a child of the family is the natural or adopted child of each of the parties to the divorce litigation. The statute does not include stepchildren within its scope. see Bledsoe 448 A2d 353 (1982).

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