Immigration in Divorce in Maryland

The subject matter of immigration law is a detailed and complicated area of the law that affects many people's lives. Immigration questions should be directed towards an attorney who practices specifically immigration law. My practice focuses on divorce in Maryland. However there are some overlap areas in immigration law and divorce in Maryland. One such overlap exists in circumstances where a US citizen marries a spouse born in a foreign country. This foreign spouse may have rights relative to their immigration status based upon the fact that they have married a US citizen. As such in circumstances of a failed marriage one spouse will have greater leverage over the other as immigration status is now a potential weapon. The Violence Against Women Act (which also protects men) was enacted in 1994 and allows the foreign-born spouse to file a Self Petition and seeks to establish legal permanent residents if they meet certain requirements. Generally these requirements require the abused foreign spouse to establish that the abuser is a US citizen, that the marriage was entered into in good faith, that the parties were in fact married, that the foreign spouse has been subjected to a battery or extremely cruel behavior during marriage, the foreign spouse lived with her spouse under the same roof, and either resided in the United States, that the abuse occurred in the United States or their spouse is a US government employee or member of the Armed Forces. If you have questions regarding divorce in Maryland please feel free to give me a call at 1-888-760-7339. I will answer your questions for you over the phone at no cost to you.

Child Reference in a Custody Issue in divorce in Maryland

The courts in a divorce in Maryland will give weight to a child's preference when it comes to a custody dispute between the parents. Case law regarding the child's preference can be found in Ross versus Pick 86 A 2d. 463 (1952. This case involved the preference of a child over the age of 11. And was an initial order and not a modification. The court went on to define welfare of a child to include the considerations of training, development, morals and happiness of the child Maddox 174 MD 470. The welfare of the child is of course a major consideration on issues affecting modifications of prior child custody orders. Specifically it is necessary when filing a modification to establish that there had been a material change of circumstances affecting the child's welfare. Specifically training, development, morals, and the happiness of the child. However, as to preference the court in Ross determined that the child's own wishes may be consulted and further that Maryland adopts the role that there is no specific age of a child as a threshold before the court will consult with the child. The matter depends upon the extent of the child's mental development. The court will not exercise its discretion based upon a whim but will focus on the feelings, attachments, reasonable preferences and probable contentment of the minor child. A child's preference shall be given special consideration. If you have questions regarding child custody in a Maryland divorce please feel free to call my office at 1-888-760-7339 I am happy to answer your questions over the phone at no cost to you.