Best Interest Attorney in a Divorce in Maryland

In every contested custody case, either party or the court has the option of ordering the appointment of a best interest attorney pursuant to Maryland family law article 1–202. This authority exist in every case where custody, visitation or the amount of support is contested. The best interest attorney serves as the advocate for the child.

Whenever there is a situation where a minor child has the right to assert a privilege however is too young to assert the privilege the court must appoint a guardian to act on the minor child have and make decisions as to what is in the child's best interest. Maryland code annotated Chords and Judicial Proceedings section 9–109 relates to this privilege as it affects the physician-patient relationship.

Historically the best interest attorney is an advocate for the minor child stated preferences and will also aid gathering information. Guidelines have been developed to assist the best interest attorney in representation of the minor child and their responsibilities. Maryland rule 9–205 provides as follows relative to the best interest attorneyRule 9-205.0. Appointment of child's counsel

(a) Applicability. This Rule applies to the appointment of child's counsel in actions involving child custody or child access.

Cross references. -- See Code, Family Law Article, § 1-202 and the Maryland Guidelines for Practice for Court-Appointed Lawyers Representing Children in Cases Involving Child Custody or Child Access.

(b) Factors. In determining whether to appoint child's counsel, the court should consider the nature of the potential evidence to be presented, other available methods of obtaining information, including social service investigations and evaluations by mental health professionals, and available resources for payment. Appointment may be most appropriate in cases involving the following factors, allegations, or concerns:

(1) request of one or both parties;

(2) high level of conflict;

(3) inappropriate adult influence or manipulation;

(4) past or current child abuse or neglect;

(5) past or current mental health problems of the child or party;

(6) special physical, educational, or mental health needs of the child that require investigation or advocacy;

(7) actual or threatened family violence;

(8) alcohol or other substance abuse;

(9) consideration of terminating or suspending parenting time or awarding custody or visitation to a non-parent;

(10) relocation that substantially reduces the child's time with a parent, sibling, or both; or

(11) any other factor that the court considers relevant.

A court should provide for adequate and effective child's counsel in all cases in which an appointment is warranted, regardless of the economic status of the parties. The court should make the appointment as soon as practicable after it determines that the appointment is warranted. A court should appoint only lawyers who have agreed to serve in child custody and child access cases in the assigned role and have been trained in accordance with Guideline 4 of the Maryland Guidelines for Practice for Court-Appointed Lawyers Representing Children in Cases Involving Child Custody or Child Access. In making appointments, the court should fairly and equitably distribute cases among all qualified attorneys, taking into account the attorney's availability and caseload. Before asking an attorney to provide representation pro bono publico to a child, the court should consider the number of other similar cases the attorney has recently accepted on a pro bono basis from the court.

(c) Appointment order.

(1) Content. An order appointing child's counsel shall:

(A) specify whether the attorney is to serve as a Child's Best Interest Attorney, Child's Advocate Attorney, or Child's Privilege Attorney;

(B) authorize the appointed attorney to have reasonable access to the child and to all otherwise privileged or confidential information about the child, without the necessity of any further order of court or the execution of a release;

(C) permit the attorney to participate in discovery under Title 2 of these Rules as though the child were a party;

(D) provide that the service and notice provisions in Title 1 of these Rules apply as though the child were a party;

(E) state any other duties or responsibilities required by the court;

(F) state when the appointment terminates; and

(G) unless the attorney has agreed to serve pro bono publico, include provisions concerning compensation for the attorney.

Cross references. -- The court should write an appointment order in plain language, understandable to non-lawyers.

(2) Copies to parties and counsel. The court shall send a copy of the order appointing counsel to each attorney of record and to each party, whether or not represented by an attorney.

Jointly titled reality in a divorce in Maryland

In cases that have been filed after October 1, 2006 while subject to the terms of any liens the court may transfer ownership of an interest in real property, which has been jointly owned by the parties when they lived together by

(1) ordering the transfer of ownership or any interest in the ownership to the other party, if that party obtains the release of the other party from any liens. Or

2) the court may authorize one party to purchase the other parties interested, provided everyone complies with the court's order and condition and terms.

You can find the statutory language for this court's ability to transfer ownership of property or a parties interested in ownership of property, provided there is a release of the mortgage. Or the court can authorize one party to buy out the other party on terms the court determines is appropriate. Family law article 8– 205.
If you have questions regarding divorce in Maryland and the disposition of marital property in a divorce in Maryland please feel free to call me and I will discuss your case over the phone at no cost to you. 1-888-760-7339

How to Divorce in Maryland

Before you are eligible to file a complaint for divorce in Maryland you must first establish that you are a Maryland resident entitled to the benefit of Maryland court jurisdiction. The next step is to establish your grounds for divorce. There is a difference between an absolute divorce and the grounds associated with that type of divorce and a limited divorce and the grounds associated with that type of divorce. The grounds for limited divorce can be found in § 7-102. Limited divorce

(a) Grounds for limited divorce. -- The court may decree a limited divorce on the following grounds:

(1) cruelty of treatment of the complaining party or of a minor child of the complaining party;

(2) excessively vicious conduct to the complaining party or to a minor child of the complaining party;

(3) desertion; or

(4) voluntary separation, if:

(i) the parties are living separate and apart without cohabitation; and

(ii) there is no reasonable expectation of reconciliation.

(b) Attempts at reconciliation. -- As a condition precedent to granting a decree of limited divorce, the court may:

(1) require the parties to participate in good faith in the efforts to achieve reconciliation that the court prescribes; and

(2) assess the costs of any efforts to achieve reconciliation that the court prescribes.

(c) Time during which decree is effective. -- The court may decree a divorce under this section for a limited time or for an indefinite time.

(d) Revocation of decree. -- The court that granted a decree of limited divorce may revoke the decree at any time on the joint application of the parties.

(e) Decree of limited divorce on prayer for absolute divorce. -- If an absolute divorce is prayed and the evidence is sufficient to entitle the parties to a limited divorce, but not to an absolute divorce, the court may decree a limited divorce.

The grounds for an absolute divorce can be found in § 7-103. Absolute divorce

(a) Grounds for absolute divorce. -- The court may decree an absolute divorce on the following grounds:

(1) adultery;

(2) desertion, if:

(i) the desertion has continued for 12 months without interruption before the filing of the application for divorce;

(ii) the desertion is deliberate and final; and

(iii) there is no reasonable expectation of reconciliation;

(3) conviction of a felony or misdemeanor in any state or in any court of the United States if before the filing of the application for divorce the defendant has:

(i) been sentenced to serve at least 3 years or an indeterminate sentence in a penal institution; and

(ii) served 12 months of the sentence;

(4) 12-month separation, when the parties have lived separate and apart without cohabitation for 12 months without interruption before the filing of the application for divorce;

(5) insanity if:

(i) the insane spouse has been confined in a mental institution, hospital, or other similar institution for at least 3 years before the filing of the application for divorce;

(ii) the court determines from the testimony of at least 2 physicians who are competent in psychiatry that the insanity is incurable and there is no hope of recovery; and

(iii) 1 of the parties has been a resident of this State for at least 2 years before the filing of the application for divorce;

(6) cruelty of treatment toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation; or

(7) excessively vicious conduct toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation.

(b) Recrimination. -- Recrimination is not a bar to either party obtaining an absolute divorce on the grounds set forth in subsection (a)(1) through (7) of this section, but is a factor to be considered by the court in a case involving the ground of adultery.

(c) Res judicata. -- Res judicata with respect to another ground under this section is not a bar to either party obtaining an absolute divorce on the ground of 12-month separation.

(d) Condonation. -- Condonation is not an absolute bar to a decree of an absolute divorce on the ground of adultery, but is a factor to be considered by the court in determining whether the divorce should be decreed.

(e) Effect of limited divorce on application for absolute divorce. --

(1) A court may decree an absolute divorce even if a party has obtained a limited divorce.

(2) If a party obtained a limited divorce on the ground of desertion that at the time of the decree did not meet the requirements of subsection (a)(2) of this section, the party may obtain an absolute divorce on the ground of desertion when the desertion meets the requirements of subsection (a)(2) of this section.

If you have questions regarding divorce in Marylan please feel free to call me at 1-888-760-7339. I am happy to answer your question and will do so right over the phone at no cost to you s