Reconciliation Affecting Validity of Separation Agreement in a divorce in Maryland

There are circumstances where parties have separated from one another and or entered into a separation agreement resolving the issues of their marriage, they have subsequently separated, and they have subsequently reunited with one another. The question then arises what happens to the terms of the separation agreement in the event that the parties subsequently separate again for a second time. Maryland law has made clear that the subsequent reconciliation does not automatically terminate the terms of the agreement unless the intent of the parties is demonstrated to be otherwise. Please review 78 A 2d 173. There is case law is not as clear relative to the effect of reconciliation on alimony payments. Those payments made subsequent to agreement are different than those that are arrived at through court order. If you have questions regarding your separation agreement or any other matter affecting divorce in Maryland please feel free to give me a call at 1-888-760-7339. We will answer your questions over the phone at no cost to you.

Extracurricular activities in a Maryland child-support case

In child support cases involving above guideline incomes the court does have the authority to consider extracurricular activities as part of the child support calculation. While it is recognized by the court in Horsley v. Radisi, 132 Md. App. 1 750 A.2d 692, 705-706 (2000) guideline cases only recognize childcare, extraordinary medical expenses, the cost of attending special or private elementary or secondary schools and school transportation expenses can supplement the basic guideline award. The trial court is not permitted to add the cost of discretionary activities such as camp, music lessons, tutoring, gifted and talented program even where these activities are desirable or beneficial to the basic child support award.

Specifically, the court may find the application of the guidelines unjust or inappropriate and if the court so finds, it is required to provide a written or oral finding explaining the reasons why it has departed from the guidelines and how this departure serves the best interests of the children.

In above-guidelines cases, children's expenses including the cost of extracurricular activities may be considered and added to the award of child support. Voishan v. Palma, 327 Md. 318, 322, 609 A2d 319 (1992).

Family Law § 12-204(i) permits the court, to add the cost of private school to the basic award of child support. A court may depart from the guideline and require a parent to pay for educational tutoring an academically challenged or gifted student requires to meet the child's particular educational needs.

In an appropriate case the court may also depart from the guidelines and enable a child, who excels in a particular area e.g. art, music or athletics to pursue appropriate training to enhance these skills. However, justifying a departure from the guidelines requires more than a parent testifying that a child is intellectually "gifted" or that the public school cannot meet these educational needs. see the Horsley case.

If you have questions regarding divorce in Maryland or child-support issues in Maryland please feel free to give me a call at 1-888-760-7339. I'm happy to answer your questions for you over the phone at no cost to you.

Divorce In Maryland Custody and Substance Abuse

There are instances in a divorce in Maryland where custody and visitation access to minor children are core issues to be addressed by the court. There are circumstances where a parent has become involved with addictive behavior whether that is alcohol or drugs. The court has addressed these issues in the matter of Cohen v Cohan which recognizes of course the court's authority to curtail access provided it is established by the evidence that it is in the children's best interest. Ultimately the court will exercise its authority to supervise, suspend or require abstinence from the use of drugs and alcohol provided there is a high probability of substance abuse.

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How to Divorce in Maryland Jurisdiction Issues

Maryland has a residency requirement that must be met before any party can file a complaint for a limited and or an absolute divorce in Maryland. If the grounds for divorce occurred outside the state of Maryland then at least one of the parties must have resided in Maryland for at least one year prior to filing the complaint for absolute divorce. You can refer to family law article section 7 – 101 (A) for information on this jurisdictional issue. The word residence as used in this family law article is equated with the word domicile.

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.
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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

Child Support in Maryland

Child-support in Maryland also addresses the issue of voluntary impoverishment. In the court's opinion Wills v Jones 340 Maryland 480 (1995) the court addressed the issue of voluntary impoverishment. The court determined; whether a parent is voluntarily impoverished is a question only of whether the parent's impoverishment was voluntary. Examples are found in circumstances where a parent leaves a job to accept the position paying less. To the extent the decision was made voluntarily to leave the higher-paying job the parent is voluntarily impoverished. There is no need for the reduced pay to occur in conjunction with a desire to avoid child-support as a basis to establish voluntary impoverishment Goldberger v Goldberger.

Once it is established that the reduced pay is the product of a voluntary decision the only other next question revolves around the voluntarily impoverished parent's earning capacity or potential income. Prior earning history as well as vocational assessments are often times used to determine a parents earning capacity. The court looks at a number of factors in determining potential income including age; mental and physical condition; accident; educational background, special training or skills; prior earnings; efforts to find and retain employment; the status of the job market in the area where the parent resides; actual income and any other factor bearing on the parents ability to obtain funds for child support.

A parent is not excused from support because of a tolerance of or a desire for a frugal lifestyle. It has been noted by the court in Maryland that the individual's decision to move from his residence to a new residence where he earns less money is not the basis for voluntary impoverishment as it presents a unreasonable restriction on a person's ability to relocate Moore v Tseronis 664 A 2d 427.

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Child Support in Maryland

Child-support in Maryland that section 12 – 202 provides that there is a rebuttable presumption that the amount of child support which would result from the application of the child support guidelines is the correct amount of child support to be awarded. The presumption however can be rebutted with evidence that shows that the application of the guidelines would be unjust or inappropriate. An example of the court application of this concept is found in the case of Horsley v Radisi 750 A 2d 692 (2000). Among other issues addressed in this case the court addressed the issue of extracurricular activities in the form of soccer camps, karate lessons, and violin lessons for a gifted and talented child as cost to be included in the child support calculations. The court differentiated between cost incurred for discretionary activities such as camps, music lessons, tutoring and gifted and talented programs versus expenses for remedial tutoring and gifted and talented educational programs. In pursuit of further clarification the court did not specifically exclude a deviation from the Maryland child-support guidelines to facilitate appropriate training for a child who excels in a particular area whether art, music or athletics with the caveat that the public schools cannot provide that appropriate training.

If you have questions regarding child support in Maryland please feel free to give me a call at 1-888-760-7339. I will answer your questions over the phone at no cost to you.

Child Support Maryland

Child support in Maryland: by law parents are required to support a minor child through the age of 18, or until age 19, if the child is enrolled in secondary school. The obligation to support a minor child who is still attending secondary school until the age of 19 is a change from the prior law. You may find this change in Maryland annotated code article 1 section 24 Rules of Interpretation which creates an exception for child support and further family law article 5–203 says that parents are jointly and severally liable for child support, care, nurture, welfare and education. If you have the need to file a petition with the court to establish child-support in Maryland you are eligible to file the complaint in the county where the noncustodial spouse lives or works or where the child lives. It's important to remember when you file your complaint to establish child support you also have to file your financial statement see Maryland rule 9–202. If you have questions regarding child-support in Maryland or any other matter involving divorce in Maryland please feel free to give me a call. I will answer your questions for you right over the phone at no cost to you 1-888-760-7339.

Divorce in Maryland Modification of Agreements

The court in a divorce in Maryland may modify any provision of the deed, agreement, or settlement with respect to the care, custody, education, or support of any minor child of the spouses, the modification would be in the best interest of the child. This language is found in Maryland family law article 8–103 that modification of the, agreement, or settlement. It is important to recognize that the court has the authority to change your agreement relative to custody visitation and child support. Too often I've seen parties except last or waive rights they could otherwise assert in exchange for consideration on visitation schedules. Only to find subsequently the other party has requested that the court modify the visitation schedule. When this happens you could very well find yourself having waived a property interest in exchange for a visitation schedule which is subsequently changed. This situation can be controlled in a separation agreement however it is an issue you must be aware of. If you have questions regarding divorce in Maryland were a separation agreement in Maryland please feel free to give me a call. I will answer your questions over the phone at no cost to you. 1-888-760-7339

Child Support MD

Child-support in Maryland can be established by an initial pleading seeking child support from the other biological parent. Already existing child-support orders can be modified if there has been a material change of circumstances which would warrant a modification of the child support. In either of those cases the child support is retroactive back only to the date of filing. Additionally, I have represented clients who received child-support arrears back to the date of last payment when the payor parent failed to file a motion for modification when circumstances changed. That is an uncommon result which I would not expect to realize for my client had the payor spouse become disabled or unemployed through no fault of their own. If you have questions about child support in Maryland or any other issue involving divorce in Maryland please feel free to call my office we will discuss your case over the phone at no cost to you. 1-888-760-7339

Child-support in Maryland

Voluntary impoverishment can be found in family law article 12 – 201 where it states if a parent is voluntarily impoverished child support may be calculated based upon the termination of potential income. However a determination of potential income may not be made for a parent who is unable to work because of a physical or mental disability or is caring for a child under the age of two from the parents are jointly and severally responsible. Voluntary impoverishment is generally found in a circumstance where a person has taken a reduction in salary to avoid his or her support obligations. As such it can be found in circumstances where an individual is working at less income than they have the ability to earn and it is done for the purpose of avoiding a child support obligation. It is rare that a parent would go to such extremes to avoid paying child support however I have seen those circumstances occur. Mainly I see those occasions arise where the paying spouse changes jobs frequently to avoid wage withholding liens. If you have questions on child support or any other matter involving child-support in Maryland please feel free to call me at 1-888-760-7339 I will answer your questions over the phone at no cost to you.

Child Support in a Divorce in Maryland

School and transportation expense may be divided between the parents in proportion to their adjuste actual income. Family law article section 12–204 includes any expense for attending a special or private elementary or secondary school to meet the particular educational needs of the child or any expense for transportation of the child between the homes of the parent. "Particular educational needs" was defined in Witt v Ristaino 701 A2d 1227. The court held that the trial judge should consider a nonexhaustive list of factors when determining whether a child has a particular educational need. This would include the number of years the child has been in attendanc at the particular school. The child' performance while in the school, family history, parents choice, any particular factor that may impact upon the child's best interest and the parties ability to afford the private school education. If you have questions regarding divorce in Maryland please feel free to give me a cal I will answer your questions over the phone at no cost to you 1-888-760-7339.

Divorce in Maryland children as witnesses

In a divorce in Maryland a judge is not required to interview a child in a custody case. If the court decides to interview a child it may be done without the presence of the parties and without the presence of counsel, even over the objections of either of the parties. The interview however must be reported by the court reporter unless the parties waive the recording requirement. Immediately following the interview the contents must be made known to counsel and the parties. Counsel for either party or even a best interest attorney is typically given the opportunity to suggest questions for the court to ask of the child the questions are typically submitted in writing. If you have questions regarding divorce in Maryland and or child custody in Maryland please feel free to give me a call. I will answer your questions for you right over the telephone at no cost to you. 1-888-760-7339

Domestic Violence in Maryland

The Maryland Domestic Violence Statute 4-501. Definitions "Abuse" means any of the following acts:

(i) an act that causes serious bodily harm;

(ii) an act that places a person eligible for relief in fear of imminent serious bodily harm;

(iii) assault in any degree;

(iv) rape or sexual offense under §§ 3-303 through 3-308 of the Criminal Law Article or attempted rape or sexual offense in any degree;

(v) false imprisonment; or

(vi) stalking under § 3-802 of the Criminal Law Article.

(2) If the person for whom relief is sought is a child, "abuse" may also include abuse of a child, as defined in Title 5, Subtitle 7 of this article. Nothing in this subtitle shall be construed to prohibit reasonable punishment, including reasonable corporal punishment, in light of the age and condition of the child, from being performed by a parent or stepparent of the child.

(3) If the person for whom relief is sought is a vulnerable adult, "abuse" may also include abuse of a vulnerable adult, as defined in Title 14, Subtitle 1 of this article.

Child care provider (c) "Child care provider" means a person that provides supervision and care for a minor child.

Cohabitant (d) "Cohabitant" means a person who has had a sexual relationship with the respondent and resided with the respondent in the home for a period of at least 90 days within 1 year before the filing of the petition.

Emergency family maintenance (g) "Emergency family maintenance" means a monetary award given to or for a person eligible for relief to whom the respondent has a duty of support under this article based on:

(1) the financial needs of the person eligible for relief; and

(2) the resources available to the person eligible for relief and the respondent.

Final protective order (h) "Final protective order" means a protective order issued under § 4-506 of this subtitle.


Home (i) "Home" means the property in this State that:

(1) is the principal residence of a person eligible for relief; and

(2) is owned, rented, or leased by the person eligible for relief or respondent or, in a petition alleging child abuse or abuse of a vulnerable adult, an adult living in the home at the time of a proceeding under this subtitle.

Interim protective order (j) "Interim protective order" means an order that a Commissioner issues under this subtitle pending a hearing by a judge on a petition.

Local department (k) "Local department" means the local department that has jurisdiction in the county:

(1) where the home is located; or

(2) if different, where the abuse is alleged to have taken place.

Person eligible for relief (l) "Person eligible for relief" includes:

(1) the current or former spouse of the respondent;

(2) a cohabitant of the respondent;

(3) a person related to the respondent by blood, marriage, or adoption;

(4) a parent, stepparent, child, or stepchild of the respondent or the person eligible for relief who resides or resided with the respondent or person eligible for relief for at least 90 days within 1 year before the filing of the petition;

(5) a vulnerable adult; or

(6) an individual who has a child in common with the respondent.

Petitioner (m)(1) "Petitioner" means an individual who files a petition.

(2) "Petitioner" includes: (i) a person eligible for relief; or (ii) the following persons who may seek relief from abuse on behalf of a minor or vulnerable adult:

1. the State's Attorney for the county where the child or vulnerable adult lives, or, if different, where the abuse is alleged to have taken place;

2. the department of social services that has jurisdiction in the county where the child or vulnerable adult lives, or, if different, where the abuse is alleged to have taken place;

3. a person related to the child or vulnerable adult by blood, marriage, or adoption; or

4. an adult who resides in the home.

Residence (n) "Residence" includes the yard, grounds, outbuildings, and common areas surrounding the residence.

Respondent (o) "Respondent" means the person alleged in the petition to have committed the abuse.

Temporary protective order (p) "Temporary protective order" means a protective order issued under §4-505 of this subtitle.

Victim (q) "Victim" includes a person eligible for relief.

Vulnerable adult (r) "Vulnerable adult" has the meaning provided in § 14-101(q) of this article.

Please feel free to call me if you have any questions about domestoic voilenc ein Maryland I am happy to answer your questions over the phone and will do so at no cost to you 1-888-760-7339

Settlement Agreement in Divorce in Maryland

Many times the preferred way to resolve your divorce case is by agreement. Sometimes that is possible and sometimes it is not possible. However be cautious when entering into a separation agreement. Always have an attorney review the agreement prior to signing anything. I have repeatedly seen situations where parties unrepresented by attorneys enter into agreements which prove harmful in the long run. Many examples can be found. A situation for everyone to watch out occurs when parties naïvely waive interest in assets of definable value. This happens when one accepts benefits as child-support payments not otherwise due or subject to modification in exchange for a waiver of an interest in a tangible property interest. Incredibly I have seen that situation several times. If you have questions regarding a separation agreement relative to your divorce in Maryland please feel free to give me a call. I will answer your questions over the phone at no cost to you. 1-888-760-7339.

Child Support in Maryland

Child-support in Maryland utilizes a mathematical formula for calculating the noncustodial parents obligation to support the children. Income from both parties is calculated and adjusted for health insurance premiums incurred to benefit the children, daycare cost related to work, and in certain circumstances private school education are added to the child-support guidelines and the child-support obligation calculated. One other added factor to consider is the number of overnights when the children are with the otherwise noncustodial parent. Once the threshold of 128 overnights is realized the same factors as set forth above are plugged into the mathematical formula however the mathematical formula for determining child support in Maryland is itself changed. Often times having very dramatic impact on lowering the noncustodial parents child-support obligation. One other element to take into consideration are travel cost incurred to facilitate the visitation. Often times the court will entertain arguments that the child support amount should not be paid in full and a deviation should be allowed when the noncustodial parent lives so far away from the children that they incurs a cost that they cannot afford, along with child-support payments, to see the children. If you have questions on child-support in Maryland please feel free to call me 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 absolute divorce in Maryland it is first necessary to establish the grounds for divorce. Once you have established that you are eligible to file the complaint for absolute divorce in Maryland you would file the complaint, information sheet and potentially a financial statement in the Circuit Court where either you reside or in the Circuit Court of the county where your spouse resides. The court will issue a summons for service on the spouse along with the information sheet, complaint and financial statement, if necessary. Upon service of the summons to your spouse they are then required to file an answer. If no answer is filed you would move forward to a default judgment. If an answer is filed the court will schedule a conference for all the parties to attend where appropriate court assets can be applied to the issues of the divorce case in an attempt to resolve the issues without litigation. If those measures are unsuccessful the case will proceed to a settlement conference. If the case cannot be resolved at the settlement conference a hearing date is scheduled for the parties to appear in court and present their evidence. There are a number of detours any given case can take depending upon the facts of those individual cases. If you have questions about your divorce in Maryland please feel free to call me. I am happy to answer your questions over the phone and will do so at no cost to you 1-888-760-7339

Maryland Uniform Child Custody Act

The Maryland uniform child custody act can be found in the Maryland family law at section 9.5 – 201. The purpose of this blog entry is to point out the interplay between the uniform child custody act and section 9-302 of the Maryland family code annotated dealing with removal of children from the state. As well as section 9.5 – 207 which addresses the Maryland state courts ability to decline jurisdiction due to inconvenient forum. I recently completed a case where one of the parents had removed the children from Maryland in a clandestine manner. The noncustodial parent was completely unaware that the children had been removed from Maryland until nearly 7 months after their relocation. There was ample evidence to establish that the custodial parent never communicated the relocation to the noncustodial parent prior to that seven-month period of time expiring. Of course the custodial parent file for custody in his new jurisdiction in the noncustodial parent requested the court in Maryland to assume jurisdiction due to the wrongful taking and removal of the children from Maryland. Maryland case law on point suggest that while 9-302 supports the continuing jurisdiction of the custody issue be heard in Maryland ultimately the court's decision will properly rest on 9.5 – 207 wherein the court will make a determination as to which of the jurisdictions is most convenient. Factors have been outlined by the court for consideration. If you have questions about jurisdictional issues involving child custody please feel free to call me or visit my websitehttp://www.yourmarylandlawyer.com/index.html . 1-888-760-7339