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Our Towson divorce lawyers are here to work with you through your divorce.

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RESULTS (Not Excuses)

The Terms of Your Divorce Will Define Your Future.

Divorce turns your life upside down. You need a zealous advocate to defend your financial future, parental rights, and your integrity. Mr. Weisman understands that every family law case should begin with establishing realistic goals and expectations. Amar S. Weisman is the child of divorce and, in 2013, he went through his own Baltimore County absolute divorce matter. At a recent gathering of family law attorneys, Mr. Weisman explained how experiencing the divorce process as a client made him a better lawyer,

"I was shocked to be separated; the divorce process thrust upon me; my home, retirement, and business seemed so threatened, but only for a second; then I hired an excellent attorney and his knowledge, skill and precision empowered me; all of the sudden I was ready for whatever. And then I realized: this is what I do for my own clients. My knowledge, skill and precision changes them; my mission is for them to feel ready for whatever is around the corner. Being a client also reminded me that, to the client, everything is important; every email, phone call, court paper, preliminary hearing; every detail matters, requiring excellence every step of the way."

The Law Offices of Amar S. Weisman, LLC is an established, full-service family law firm located across from Towson Town Center in close proximity to the Circuit Court for Baltimore County. Our divorce clients benefit from our experience with negotiation and litigation and commitment to service including responding to telephone calls and email communications in a timely manner.

Experienced Towson Family Law Attorneys.

Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. Having handled hundreds of divorces, The Law Offices of Amar S. Weisman knows each case is different. Md. Rule 19-301 states that competent handling of a particular matter includes inquiry into and analysis of the factual and legal elements of the problem, and use of methods and procedures meeting the standards of competent practitioners. It also includes adequate preparation. The required attention and preparation are determined in part by what is at stake; major litigation and complex transactions ordinarily require more extensive treatment than matters of lesser complexity.

We are ready for just about anything, including:

Uncontested divorces, high conflict divorces, short marriages, long marriages and everything in between.

Although most of our clients reside in Maryland, we have provided zealous advocacy to residents had dozens of Arizona, Arkansas, Delaware, Florida, Georgia, Massachusetts, Michigan, New Jersey, North Carolina, New York, North Carolina, Pennsylvania, South Carolina, Tennessee, Texas, and Virginia.

We have experience managing high-net-worth individuals who require attention to detail to uncover hidden assets, protect business interests and determine the appropriateness of long-term alimony.

Divorces involving Child Custody, Visitation & Child Support and well as post-divorce modifications of the child access schedule and recalculation of the Maryland child support guidelines.

Difficult cases where the client, opposing party or both have a history of domestic violence, drug addiction, alcohol abuse, financial abuse and serial adultery.

Every divorce is unique and Amar S. Weisman prides himself on mastering the details of each case. Relentless yet reasonable, Amar S. Weisman can:

Prepare court papers including the Complaint f Absolute Divorce or Counter-Complaint for Absolute Divorce that communicates your story effectively to the court, demands appropriate relief under the Marital Property Act and asks the family law judge to protect your rights as a parent. Depending on the grounds for divorce that exist at the time of filing, we may request a limited divorce or an absolute divorce. The grounds for divorce include adultery, desertion, one-year separation and mutual consent.

We will protect your interest in the marital home, retirement plans, and your parental rights including pre-marital interests that are not subject to equitable division under Maryland Law.

Represent you at all hearings in the Circuit Court for Baltimore County and Circuit Court for Harford County including the Scheduling Conference, Pendente Lite Hearing, Settlement Conference, Trial On The Merits.

Obtain evidence through the discovery process:

Subpoenas to third-parties including banks, investment account managers, companies, schools and daycare providers.

Request For Production of Documents.

Depositions of the opposing party, which may or may not require the production of documents pursuant to a deposition duces tecum.

Requests for Admissions of Fact.

Communicate with the Court to Make the Process As Speedy and Efficient as Possible:

The office of the Clerk of the Court and the special clerks assigned to Baltimore County family law matters, whose job is to ensure that court filings are docketed in a timely manner. Baltimore County is not part of the MDEC electronic filing system that governs most divorce filings throughout the State of Maryland. The Towson court will join MDEC in February 2019 this law firm is prepared for that transition.

Office of Family Mediation, which oversees the mediation process that is obligatory in Baltimore County divorce cases involving children (unless there is a domestic violence component that makes mediation inappropriate).

Civil Assignment and Central Assignment which manages and reschedules dates for the Scheduling Conference and, if necessary, the rescheduling of the merits trial date.

Family Support Services/Family Services Coordinator.

The Settlement Court which oversees the scheduling of settlement conferences and is the arm of the court that actually schedules trials and determines how much time to allocate to each Baltimore County divorce.

Judicial Chambers, when appropriate.

Take advantage of Settlement Opportunities including Alternative Dispute Resolution ("ADR") such as private mediation while the parties are represented by counsel as well as binding arbitration, which should be approached with the utmost caution.

Components of This Towson Divorce Practice

Articles By Family Law Attorney Amar S. Weisman:

Baltimore & Towson Lawyer Blog Posts

Useful Links

Call (410) 321-4994 For a Consultation With Towson Divorce & Child Custody Family Lawyer Amar S. Weisman.

If you are seeking client-focused, goal-orientated and personal representation to handle your Baltimore County family law matter, then contact us at (410) 321-4994 to schedule a consultation. Although we do not charge for consultations, you should know the purpose of the consultation is to determine whether Amar S. Weisman and the Law Offices of Amar S. Weisman is a good fit to protect your financial future and/or your parental rights. If you wish to obtain legal services to zealously pursue your interests, you will be required to pay a retainer. The typical retainer is $2,500.00 but the cost of your case depends on its level of conflict and complexity. For more information, please see our Policy on Fees and Costs.

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Baltimore and Towson Divorce Attorney Amar Weisman

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Baltimore Divorce and Family Law Attorney Amar Weisman Providing High-Quality Assistance with Child Custody, Alimony, Father's Rights, Family Law, Child Support at Reasonable Prices in Baltimore and he will identify grounds for divorce and protect your child custody rights and obtain the most money possible.

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See how a Towson child custody lawyer can help with securing your parental rights.

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We Will Strive To Resolve Your Case Reasonably And Quickly. If That Does Not Happen, We Will Fight For You Until Hell Freezes Over, And Then On The Ice.
Children are Too Important To Be Foolish

Child Custody litigation is a legal process governed by rules of Maryland Rules of civil procedure and evidence. As a skilled Towson family law lawyer, I know how to apply these rules to protect your parental rights to legal Custody and physical Custody in the Circuit Court For Baltimore County. Every day, good parents lose because they are unfamiliar with the judicial system. You cannot say a prayer, show up to court with a half dozen well-dressed family members, tell "the truth" to a patient judge, and count on "the right thing" to happen. It is a FAIRY TALE -- DO NOT lose custody of your children because you believed in a fairy tale!

Your Need A Legal Strategy Based On Local Knowledge And Experience

Local Knowledge is Important-- each county has a different Differentiated Case Management Plan governing cases. Amar S. Weisman understands how Court Hearings work in The Circuit Court For Baltimore County,including:

Your Towson Custody Lawyer Understands The Court and What Services to Request

We understand that you want your child custody matter resolved with all deliberate speed. At the Law Offices of Amar S. Weisman, we are committed to communicating with the various organs of the court, including the Clerk's Office, Civil Assignment, Central Assignment, The Office of Family Mediation and the Settlement Court, to move your case forward efficiently.

We also understand that the Court may provide a number of valuable services, which we will strategically request to build the evidence that you need to prevail. Depending on the facts, we might suggest asking for any of the following:

Alcohol Evaluation/Alcohol Testing. In cases where one or both parents allege there is an alcohol problem that affects parenting (i.e. drunk driving, negligent supervision, inability to govern a household), the social worker evaluating the case at the Scheduling Conference will order both parties to submit to court-ordered alcohol testing within 24 hours of the settlement conference. Drug and alcohol evaluations may also be triggered when one or both parents have a history of alcohol related infractions such as driving under the influence of alcohol or domestic violence linked to substance abuse.

Drug Evaluation/Testing, which works like alcohol testing.

Best Interest Attorneyto represent the best interests of the minor child/children pursuant to Maryland Family Law §1-202. Depending on whether the minor child has considered judgment, the Best Interest Attorney may affirmatively advance the minor child/children's preferences and communicate those preferences to the Court. Attorneys who represent the minor children must be paid; often payment is apportioned to the parents on a 50-50 basis or, if there is a significant income gap, the court will assess the costs of the children based on the proportional income of the parents.

Private Custody Evaluation including interviewing the parents, children, and third party collateral witnesses, review of e-mail correspondence and text messages sent from/to the parents and the children; psychological personality testing; complete review of legal papers in one or more jurisdictions; observations of the parents and the children at home; in conformity with American Psychological Association Guidelines. Alternatively, the Court may order a streamlined custody evaluation process that includes an official written evaluation.

Home Study.

You Need A Family Law Child Custody Lawyer Who Will Do A Great Job Fighting For You

As trial lawyers, our job is to present your case to the court in a professional manner with the relevant evidence you need to achieve your goals. We proceed to do this by:

Enough Is Enough: Baltimore County Custody Modification.

Your Baltimore & Towson Custody Lawyer can seek aChild Custody Modification provided there has been a material change in circumstances since the entry of the last custody order and modification of the current order will be in the child's best interests.

Call 410-321-4994 To Meet With Towson Child Custody & Family Law Lawyer Amar S. Weisman.

Please Call(410) 321-4994 during business hours to schedule a free consultation f or the purpose of deciding whether you want to retain Amar S. Weisman. The firm does not accept pro bono clients at this time. To retain legal services and advice, you must pay a retainer, See Policy on Fees/Costs. The law firm is located in the heart of Towson near The Circuit Court For Baltimore County, Towson Town Center, Goucher College and Towson University, at 1018 Dulaney Valley Road (MD-146), Second Floor Towson, MD 21204. We represent clients throughout the Baltimore area including Aberdeen, Abingdon, Baldwin, Bel Air, Bowleys Quarters, Brooklandville, Carney, Catonsville, Cockeysville, Edgewood, Essex, Garrison, Glen Arm, Greenspring Valley, Homeland, Hunt Valley, Hydes, the Joppa Road Corridor, Kingsville, Long Green, Lutherville, Middle River, Nottingham, Owings Mills, Parkville, Pikesville, Perry Hall, Reisterstown, Riderwood, Rodgers Forge, Rosedale, Ruxton, Sparks, Sparrows Point, Stoneleigh, Timonium, Towson, West Towson, White Hall, White Marsh, and the York Road corridor. We have also represented a number of out-of-state clients. The law firm does not guarantee the results in any matter.

Articles By Amar S. Weisman

Child Custody Blog Postings By Baltimore Family Lawyer Amar S. Weisman

Useful Links For Baltimore County Residents Involved In Child Custody Disputes:

Call 410-321-4994 To Meet With Towson Child Custody & Family Law Lawyer Amar S. Weisman.

Please Call(410) 321-4994 during business hours to schedule a free consultation f or the purpose of deciding whether you want to retain Amar S. Weisman. The firm does not accept pro bono clients at this time. To retain legal services and advice, you must pay a retainer, See Policy on Fees/Costs. The law firm is located in the heart of Towson near The Circuit Court For Baltimore County, Towson Town Center, Goucher College and Towson University, at 1018 Dulaney Valley Road (MD-146), Second Floor Towson, MD 21204. We represent clients throughout the Baltimore area including Aberdeen, Abingdon, Baldwin, Bel Air, Bowleys Quarters, Brooklandville, Carney, Catonsville, Cockeysville, Edgewood, Essex, Garrison, Glen Arm, Greenspring Valley, Homeland, Hunt Valley, Hydes, the Joppa Road Corridor, Kingsville, Long Green, Lutherville, Middle River, Nottingham, Owings Mills, Parkville, Pikesville, Perry Hall, Reisterstown, Riderwood, Rodgers Forge, Rosedale, Ruxton, Sparks, Sparrows Point, Stoneleigh, Timonium, Towson, West Towson, White Hall, White Marsh, and the York Road corridor. We have also represented a number of out-of-state clients. The law firm does not guarantee the results in any matter.

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Amar Weisman Is A Baltimore & Towson Child Custody Lawyer

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We Will Strive To Resolve Your Case Reasonably And Quickly. If That Does Not Happen, We Will Fight For You Until Hell Freezes Over, And Then On The Ice. Child Custody litigation is a legal process governed by rules of Maryland Rules of civil procedure and evidence.

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COVID-19 Information Update

Statement from the Maryland Judiciary on Matters Concerning Children & Families
With schools closed and courthouses restricting operations to reduce exposure to COVID-19, custodians who live apart might be confused about changing family situations and their court orders. This statement is intended to clarify concerns you may have regarding these matters.

On April 13, the Governor issued Interpretive Guidance on custody and visitation. Divorced and separated parents who share custody of children are not prohibited from leaving their homes, as necessary to facilitate visitation or exchange of custody. This applies to all custody and visitation arrangements (e.g., court ordered arrangements, arrangements by agreement of the parents).

Topics on this page

Generally

Maryland law presumes that both natural parents are the natural custodians of their children. The law does not favor either the mother or father. This article is designed to give you general information on how courts decide custody and visitation rights in Maryland.

Either of the separated parents may petition a circuit court in Maryland for custody of a child. If the parties cannot agree about who should have custody, the court will grant custody either solely to one of the parents or shared between parents.

The law looks at the "best interests" of the child standard when deciding on child custody and visitation. The "best interests" of the child standard looks at certain factors to determine what is best for the child or children. All court ordered custody has two components, legal and physical.

Grandparents and others may seek custody, but the presumption in favor of the natural parents can make it difficult. Learn more about visitation and custody rights of non-parents.

Custody and visitation arrangements are never permanent. As situations change, a parent can always petition the Court to modify a Court order.

Read the law: Md. Code, Family Law Title 9

Types of Court Ordered Custody and Definitions

De facto Custody - De facto custody refers to who actually has custody of the child before the court is involved. " De facto" means "in fact."

Emergency Custody - If you believe there is an imminent risk of substantial and immediate harm to you and/or your minor child, you may wish to consider a request for emergency relief. The specific procedure to request emergency custody can vary from Circuit Court to Circuit Court; however, the emergency custody hearing usually takes place very quickly after filing the request. If you are granted emergency custody, this is a temporary order, and you will need to continue with your case until there is a final order providing permanent relief. While the emergency custody is temporary, it is not the same as temporary custody or pendente lite custody.

Joint Custody - Joint Custody is actually broken down into three categories: Joint Legal, Shared Physical, and Combination.

Joint Legal Custody is where the parents work together and share the care and control of the upbringing of the child, even if the child has only one primary residence. Each parent has an equal voice in making decisions.There are hybrid versions of joint legal custody where one parent may have "tiebreaking" authority (the final word in cases of disagreement), or each parent may have certain areas of decision making authority.

Shared Physical Custody is when the child has two residences, spending at least 35% of the time with each parent.

Legal custody involves the right to make long-term plans and decisions for the education, religious training, discipline, non-emergency medical care and other matters of major significance concerning the child's welfare. The court may order legal and physical custody in a number of ways.

Pendente lite custody - See the information about temporary custody below.

Physical custody involves spending time with the child and making decisions about the child's everyday needs, including where the child lives. The court may order legal and physical custody in a number of ways. Physical custody can sometimes be referred to as "parenting time."

Sole Custody - A person may be granted sole legal custody, sole physical custody, or both.

Split Custody (of 2 or more children) - Split custody means that one parent has sole custody of some of the children, and the other parent has sole custody of the remaining children. Split custody is easiest to describe in a situation where there are two children, and each parent obtains full physical custody over one child. Some of the factors that may point to this result are ages of the children and their wishes. Generally, the courts do not favor split custody.

Temporary Custody - Temporary custody is also called pendente lite, meaning "pending the litigation". To formalize custody before you begin litigation, you will need to file for temporary court ordered custody. Temporary custody will be based on the "best interests" of the child standard. It is not an "initial" award of custody. Instead it is temporary custody while you wait for the court to hold a hearing. To be awarded temporary custody you must file a request for hearing and an Order for Temporary Custody and Support along with your Complaint for Custody or Divorce.

Jurisdiction

" Jurisdiction" is the set of rules that decides which court hears a case. Jurisdiction is like an imaginary fence that divides legal cases into 2 categories. On one side of the fence are the cases that a certain court can decide. On the other side of the fence are the cases that the court is not allowed to hear. Usually "jurisdiction" is the reason one court must allow another court to hear the case.

There are two types of jurisdiction: personal jurisdiction and subject matter jurisdiction. The court must have both types of jurisdiction to hear a case. Personal jurisdiction, the power to require a person to appear in court, is discussed in the Service of Process section of this web site. In Maryland, subject matter jurisdiction to hear custody and visitation cases is with the Circuit Courts. If you have a custody case in Maryland, the Circuit Court is where the case will be filed and heard by a judge or magistrate.

A case can be filed in Maryland if:

1. The child lives in the state and

Maryland is the home state of the child (lives in state, goes to school in state) and

The parent has sufficient contact with the state (works, votes, lives, pays taxes in Maryland).

2. Even though the child is not in Maryland now:

Maryland was the child's home state within the last six months and

The parent filing for custody continues to live in Maryland

3. The child and at least one of the parents have significant connection with Maryland (live, work, go to school here) and in Maryland there are more records and witnesses to give evidence of the child's present or future care, protection, training and personal relationships.

4. The child is physically present in Maryland and was abandoned or emergency protection is necessary (an emergency means the child was threatened or a victim of abuse or neglect). Read the Law: Md. Code, Family Law § 9.5-201

"Best Interests of the Child" Standard - Factors the Judge considers

Regardless of any agreement you may have reached, the courts will look to determine the "best interests" of the child. They look at several factors. No single factor is most important. This is a list of some, but not all, of the factors, that courts will consider.

Primary Care Giver - Who is the person who takes care of the child? Who feeds the child, shops for their clothes, gets them up for school, bathes them, and arranges day care? Who does the child turn to when they get hurt?

Fitness - What are the psychological and physical capacities of the parties seeking custody? The court may also consider evidence of abuse by a party against the other parent, the party's spouse, or any child residing within the party's household (including another child).

Character and Reputation

Agreements - Is there a custody agreement already in place?

Ability to Maintain Family Relationships - Who will be best able to help the child keep family relationships? Who is going to let the child speak with their ex-mother-in-law, for example? Who will not penalize the child for any bad action on the part of the other parent?

Child Preference - The decision of the court may be reversed on appeal if the judge will not hear the child's preference. However, the judge may choose to interview the child outside the presence of the parents. Though it is rare, the court will hear from a child under 7 years, and a child as young as 5 or 6 years of age may be heard. The child's maturity, and whether the child can tell the truth from fiction will guide the decision whether a child may be heard. A child of at least 10 or 12 years of age is certainly entitled to have their opinions heard and given weight in legal proceedings about custody. Additionally, the court has the power to appoint an attorney for the child in contested cases.

Material Opportunity - Which parent has the financial resources to give the child more things?

Age, Health and Gender of Child

Residences of Parents and Opportunity for Visitation - How close do the parents live to each other? How close do they live to members of the child's extended family? Which parent lives closest to the child's school and social circle?

Length of Separation - How long has the parent been separated from the child?

Any Prior Abandonment or Surrender of Custody - Is there a history of one parent walking out and leaving the other parent to cope with the child and the home? Which parent left when you last broke up?

Religious Views - These will be important in the court's decision only if you can show that religious views affect the physical or emotional well-being of the child.

Read the Law: Disability - A party's disability is only relevant to a custody decision if the disability affects the best interest of the child. Md. Code, Family Law § 9-107

Read the law: Taylor v. Taylor, 306 Md. 290 (Court of Appeals 1986)

The best interests of the child also come up in the context of parenting plans. A parenting plan is a written agreement about how the parents will work together to take care of the child. Learn more about parenting plans.

Joint Custody Agreements

Parents can agree on some combination of shared physical and joint legal custody. One example of this is when there is one residence for the child, and the parents live with the child there on a rotating basis. The court looks very closely at Joint Custody agreements. The most important factor to Joint Legal Custody and Shared Physical Custody is the ability of the parents to talk about and reach joint decisions that affect the child's welfare. If parents are constantly fighting over religion or school, the court may strike down their agreement.
Other factors include:

Willingness to share custody;

Fitness of parents;

Child's relationships with each parent;

Child's preference;

Ability to stabilize child's school and social life;

Closeness to parent's homes (primarily a factor during the school year);

Employment considerations (e.g. long hours, extensive travel, etc.);

Age and number of children;

Financial status; and

Benefit to parent.

Additionally, the sincerity of the parties involved is important. The court will want to make sure that joint custody isn't being traded for concessions on other points. Another consideration is whether the grant of joint custody will affect any state or federal assistance programs. Currently, Welfare and Medical Assistance are affected based on the award of Joint Legal Custody. Be sure to check with your contact at any social service agencies before entering into an agreement or you may risk losing your benefits. This list is not meant to be complete, and the court will hear anything that they believe to be relevant.

What to do if you Agree

If you and the other parent have already come to a fair agreement on the custody and visitation issue, you may want to write your own stipulation and consent order. A stipulation is a statement describing the agreement that you have reached. A consent order is a draft for the judge to sign if the judge agrees to accept your agreement. This means that the court can enforce the agreement in the future.

If you choose to do this, you and the other parent should be as specific as you can to avoid future conflicts. You should ask yourself questions like these:

Who has legal custody?

Which holiday does the child spend with you?

What time and where may the other parent pick the child up?

What time should the child be returned home?

What is the procedure to follow if either of you are running late and won't be there on time?

How much notice should you be given if they are planning a vacation?

How far away may the other spouse move?

What you might think you can figure out as you go along could become a bitter disagreement later. The stipulations should state everything that you have agreed upon. You should not rely on verbal promises. If you both agreed on it, write it down (no matter how trivial it may seem now). Your agreement should be included with your Complaint for Custody, Complaint for Visitation or Complaint for Divorce.

Additionally, you should be sure to read this full section before proceeding to avoid having your stipulation and consent order ignored by the court or giving away rights of which you were unaware.

Unmarried Parents

If the parents are unmarried, the child is the child of his/her mother. For the father to claim rights to the child (including rights to custody or visitation), paternity must be admitted or established in court. For more information on unmarried people who live together, see the section on Unmarried Cohabitants.

A father can establish paternity by:

A court determination of paternity;

Acknowledging paternity in writing;

Telling others that the child is his;

Or by marrying the mother and then acknowledging himself as the father, either in writing or orally.

Once paternity is established, neither mother nor father is given a preference based solely on their gender. The Domestic Relations forms do not cover paternity actions.

You can read more about establishing paternity in the section on Paternity.

Incarcerated Parents

Maryland courts will generally not award custody or unsupervised visitation to parents who have been found guilty of first or second degree murder of:

The other parent,

Another child of the parent,

Or any family member residing in the household of either parent. Read the Law: Md.Code, Family Law § 9-101.2

What if we disagree about custody and visitation?

If you and your spouse are having trouble reaching an agreement, you should consider mediation. A mediator specializes in helping people reach an agreement that is fair and will last. The sessions are confidential. A mediator's role may be limited to custody. You may also ask to cover other issues such as marital property if you choose. Mediation is not appropriate in cases where there is a genuine issue of physical or sexual abuse of the child or one of the parties. It is also important to get a legal advisor for this process. The mediator's role is not to take sides, but to bring the two sides together. Additionally, if the mediator is not an attorney, the mediator may be unaware of some specific legal issues.

Court Ordered Mediation

The court has the power to order you and the other side to go to mediation.

This is true whether

Your case is just starting;

You are requesting modification of an existing order; or

You are filing a contempt action.

You should be aware, however, that if mediation is ordered by the court at the initial proceeding it will most likely prolong the legal process by stopping all other actions until the mediation is complete. The court will initially order two sessions. However, a mediator may recommend that the court order two additional sessions. You may decide to continue the mediation without the court ordering it. The court also has the power to order one or both parties to pay for the mediation.

Read the rule: Md. Rule 9-205

When the Custody Order Agreement is Violated

People go into courthouses everyday telling clerks that the parent has not returned the child at the scheduled time following visitation, and they don't know what to do. When a custody order is violated, the law requires the custodial parent/lawful custodian to first demand the return of the child.

For children under 16 years old, if the abducting parent remained within the state, it can be a misdemeanor. The person can be fined $25 or imprisoned for up to 30 days. If the abducting parent crosses the state line, it can be a felony. The person can be fined $250 -$1000 and/or imprisoned 30 days to 1 year. If the child has actually been stolen by the other parent, you should report this to your local police department immediately. The FBI can be called in to find the fugitive parent and the child as well.

The only exception to this rule is when the child is in clear and present danger (the victim of abuse or abandonment) requiring the non-custodial parent to save them. The non-custodial parent must be ready to prove this clear and present danger, and they are required by Maryland law to file a petition within 96 hours. In that event, both parents will need a lawyer.

Modification of Custody

When a parent seeks to change the custody order, it is that parent's burden to show the court why it should be changed. The court follows the notion of, "if it isn't broke, don't fix it." This is based on the idea that stability is best for the child unless you can show that there is something in the environment that will harm the well being of the child. This is not as simple as it may seem. You will have to show that your home will be better than the home of the custodial parent (not just as good). To do this you must show that there has been a substantial change in circumstances and that it is in the child's best interests to make the change you are proposing. If the two homes are thought to be equal, then custody will stay as it is. Remember, a temporary or pendente lite custody order is not a final order. You would not be required to show a substantial change in circumstances to have temporary custody changed in the permanent custody order.

Read the Law: Md. Code, Family Law § 1-201

Read the Case: Neuwiller v. Neuwiller, 257 Md. 285 (Court of Appeals 1970)

A child at least 16 years of age can seek a change in custody on his/her own. However, it will be the minor's burden to prove that a change of custody would be in his/her best interests at this time.

Read the Law: Md. Code, Family Law § 9-103

The court that made the original custody and visitation order retains jurisdiction to decide modification unless the parties and child no longer have close ties to the court and the court surrenders its jurisdiction. However, the court with original jurisdiction may refuse to hear the custody case if a child has been wrongfully taken from another state or taken without the consent of the person entitled to custody.

Taxes

Usually the parent with custody can claim the exemption for the child. However, the parents may agree to claim the child exemption on alternate years. In that case, the parent with custody needs to sign IRS Form 8332, Release of Claim to Exemption. Whether or not you are taking the exemption for the child, you may still file as "head of household."

Other Issues
Can a child have a say in a custody decision?
Courts will sometimes listen to the wishes of older children. Courts rarely take into account the wishes of very young children. Children who are 16 years or older may petition the court themselves for a change in custody.

Read the Law: Md. Code, Family Law § 9-103
When do grandparents or other relatives have custody or visitation rights?
Generally, the natural parents will have a presumptive right to custody. Only in cases where the parents are found to be unfit or there are exceptional circumstances, will third parties be granted custody. At any time after a divorce, grandparents may petition the court for visitation rights. See the article on Visitation and Custody Rights for Non-Parents.

Read the Law: Md. Code, Family Law § 9-102
What happens if the non-custodial parent refuses to return the child to the parent with custody?
If a child is under 16 years of age, it is unlawful to keep that child for more than 48 hours within the state of Maryland, or remove the child from the state of Maryland for more than 48 hours, after the lawful custodian has demanded the child's return.

Read the Law: Md. Code, Family Law § 9-304

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Statement from the Maryland Judiciary on Matters Concerning Children & Families With schools closed and courthouses restricting operations to reduce exposure to COVID-19, custodians who live apart might be confused about changing family situations and their court orders. This statement is intended to clarify concerns you may have regarding these matters.

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1018 Dulaney Valley Rd
2nd Floor
Towson, MD 21204

Phone: 410-321-4994

Mon-Fri 9am-5pm

www.towsonattorney.com

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Frequently Asked Questions About Maryland Divorce

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Frequently Asked Questions About Maryland Divorce

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How long does it take to get a divorce in Maryland?

Every divorce takes at least a few months even under the best of circumstances. Divorce have to be heard in court and that means a lawsuit must be filed with a complaint, service of process, the filing of an answer by the defendant and the scheduling of a court hearing. If there is a proper settlement agreement and no children, then the court might set up an uncontested hearing a few months after filing. Divorces take longer when there are things linked property, alimony, or custody to resolve. In addition, you cannot get a divorce in Maryland just because one or both people want one. It is necessary to establish grounds for divorce.

What are grounds for divorce?

Grounds for divorce refer to things that entitles two people to end their marriage under Maryland law. These include proving a twelve month separation, adultery or the existence of a complete and proper agreement. The most common grounds for divorce are twelve month separation and mutual consent.

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Frequently Asked Questions About Maryland Divorce

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How long does it take to get a divorce in Maryland? Every divorce takes at least a few months even under the best of circumstances. Divorce have to be heard in court and that means a lawsuit must be filed with a complaint, service of process, the filing of an answer by the defendant and the scheduling of a court hearing.

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Divorce and separation mean two different things.

In Maryland, the terms "separation" and "divorce" are sometimes used interchangeably. However, "separation" and "divorce" have different legal meanings in Maryland and you should try not to confuse them.

Does separation mean divorce?

No. "Separation" is not the same thing as "divorce." Separation is just one "ground," or reason, for divorce in Maryland (explained fully below).

Before we move on to the grounds for divorce, it's important to understand that in Maryland, there are two kinds of divorce: "limited divorce" and "absolute divorce. A "limited divorce" authorizes spouses to live in separate homes and get court orders about some financial and custody issues. However, the spouses remain husband and wife. That means neither spouse can remarry or have sexual relations with another person (that is adultery).

Spouses are also prevented from negatively impacting marital property during a limited divorce. A limited divorce is often used when spouses can't settle the issues of their divorce themselves - it gives the spouses time to live apart and try to work out the terms of the divorce or reconcile.

A limited divorce is also useful to document the date at which the spouses actually separated (started living apart), which is often necessary to obtain an "absolute divorce." That's right: you can change a limited divorce into an absolute divorce, but a limited divorce is not necessary in order to get an absolute divorce.

An "absolute divorce" is what most people think of when they think of divorce: the marital bonds are terminated and after that, each spouse can go their own way and remarry if they wish.

Now, what are grounds for divorce in Maryland?

The grounds for a limited divorce in Maryland are:

cruelty or vicious conduct of a spouse or child

desertion, and

voluntary separation.

The grounds for an absolute divorce in Maryland are:

adultery

desertion for 12 months or more

conviction of a crime with at least a three year sentence and at least one year has been served

incurable insanity and institutionalization of one spouse

voluntary separation for 12 continuous months prior to filing for divorce, and

a separation for two continuous years.

What, exactly, does separation mean in Maryland?

In Maryland, separation is the only "no-fault" ground for divorce. "No-fault" means that the breakup of the marriage was not because of either spouse's misconduct.

There are two types of separation grounds in Maryland: "voluntary separation" and "two years of separation."

To obtain a divorce in Maryland on the basis of "voluntary separation" for a limited divorce, spouses only have to voluntarily live in separate homes, refrain from having sex with each other, and have no reasonable hope of reconciliation. There is no separation time requirement in order to obtain a limited divorce on the grounds of voluntary separation.

In contrast, to obtain an absolute divorce on the grounds of voluntary separation, spouses have to meet the following requirements:

voluntarily live in separate homes

refrain from having sex with each other

for 12 consecutive months before filing for divorce, and

have no reasonable chance of reconciliation.

To obtain an absolute divorce on the grounds of "two years of separation," spouses have to live in separate homes and not have sex for at least two years (or 24 months) before filing for divorce.

What's the difference between "voluntary separation" and "separation"?

The distinction between the two forms of separation is the voluntariness requirement. In order to obtain a divorce on the basis of "voluntary separation" in Maryland, both spouses have to agree to the separation. This means that both spouses agreed to separate, they did so without any threat or coercion, and they intended to end their marriage.

In contrast, after two years of separation for any reason, even if one spouse has not agreed to the separation and does not want to end the marriage, the other spouse can still obtain a divorce on the grounds of two years of separation.

Is it still separation if we live in the same house but sleep in separate beds?

No. The rules are very strict in Maryland. To be considered separated, spouses must:

not live in the same house, and

not have sex with each other.

In Maryland, sleeping in different rooms is not enough.

Remember, even though spouses live in different homes during separation, they are still married until a judge enters a Judgment of Divorce. This period of separation is necessary in order to eventually obtain a no-fault divorce.

Why is it important to follow the rules about separation?

To get a divorce in Maryland, even based separation, the spouse seeking the divorce (the plaintiff) still has to prove to the judge that the requirements for the divorce are met. If the plaintiff can't prove that the spouses have been living separate and apart and have not had sex for the required time period, the judge won't grant the divorce.

For a divorce on the basis of "voluntary separation," the plaintiff also has to prove to the judge that both spouses agreed to separate and there's no reasonable chance of reconciliation.

What is a trial separation?

Sometimes a couple may not know if they really want to get a divorce. If that's the case, they may try a "trial separation" by living in different homes and see how it goes.

Be careful if you want to try a trial separation. Usually, the time a couple spends in a trial separation will not ultimately count toward the 12 months of voluntarily living separate and apart for a "voluntary separation." This is because if spouses are just trying out separation, there is still a possibility of reconciliation.

However, the time spent in a trial separation might count toward the two years separation requirement if the spouses don't sleep under the same roof and don't have sex with each other at all. The trial separation time might count because the ground of two years separation is only concerned with time living separate and apart.

What is a separation agreement?

Many times, spouses agree to live in separate homes until they can obtain a divorce. With the help of lawyers or a mediator, they may also agree about other issues in the divorce like, child custody, child support, alimony, and dividing property. When the spouses make such an agreement before filing for divorce, put it in writing, and have it notarized, it is called a "separation agreement."

Separation agreements serve two important purposes. First, a separation agreement fixes the rights and responsibilities of the spouses between each other and forms a binding contract even before a judge enters a Judgment of Divorce. Second, in the case of a voluntary separation, a separation agreement proves that both spouses agreed to the separation. Therefore, with a separation agreement, it's easier to get the judge to grant your divorce on the basis of voluntary separation for 12 months.

Resources

The Maryland State Court website answers some frequently asked questions and provides links to domestic relations forms.

For the full text of the law governing limited divorce, see Md. Code Ann. [Fam. Law] § 7-102.

For the full text of the law governing absolute divorce, see Md. Code Ann. [Fam. Law] § 7-103.

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Divorce and separation mean two different things. In Maryland, the terms "separation" and "divorce" are sometimes used interchangeably. However, "separation" and "divorce" have different legal meanings in Maryland and you should try not to confuse them. No. "Separation" is not the same thing as "divorce."

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Baltimore & Towson Lawyer Discusses Child Custody Evaluation

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Baltimore & Towson Lawyer Discusses Child Custody Evaluation

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If you are a parent in Maryland who is currently dealing with child custody issues, you are undoubtedly experiencing a number of thoughts, emotions and concerns about the possible outcome. As part of the custody process, however, you may be ordered to have a custody evaluation done in your case. If you are going to have a custody evaluation in your case, you will probably find out at the Scheduling Conference.

If this occurs, it is imperative that you speak with a knowledgeable Towson child custody lawyer as soon as possible to ensure you are well prepared for what is about to take place. This is especially important because custody evaluations can make or break a case, particularly if it's a highly-contentious one.

Child Custody Evaluations Explained

When parents have child custody disputes, they will often have to go before a judge to get a resolution to their issues. However, prior to seeing the judge, the parents may be ordered to take part in a child custody evaluation.

Child custody evaluations can provide the family with invaluable information that can be used to assist the parents (and the magistrate or judge) in reaching a decision that will be in the child's best interest. Such evaluations might also be used post-divorce if a dispute arises between the parents after the divorce has been finalized.

The evaluation process consists of a number of interviews. Parents should expect to speak with the evaluator one-on-one, as well as in a joint session with the other parent. Depending on the circumstances, the evaluator might also request an interview with the parent and the child in an effort to observe the parent-child relationship. Likewise, the evaluator might request an interview with other family members in the child's life.

Psychological testing might also be required in cases where the judge may find it helpful to know more about the parents' mental and emotional statuses. The evaluator might also ask parents to complete a questionnaire that seeks to find out more about their relationship with the child.

What You Should Do to Help the Evaluation Go Smoothly

Always cooperate with your evaluator, and of course, keep any scheduled appointments. This may seem like an obvious statement; however, it is not uncommon for parents to harbor ill feelings toward the evaluator and the entire process in general.

Parents are encouraged to be as open and honest as possible with the evaluator. Also, it is important for parents to separate the problems stemming from the marriage from their actual parenting issues.

Parents are also encouraged to jot down notes of any questions they would like to ask the evaluator. It is also a good idea to maintain contact with your custody attorney throughout the evaluation process, as needed.

Once the evaluation process is complete, the custody evaluator will submit a written report of his or her findings. The judge handling the case will review this report, as it should provide a clearer picture of the family in general, as well as any issues with respect to the child that need to be addressed.

Parents should also be aware that the report may be made available to them or it may be limited to only the attorneys and the judge handling the case.

Call (410) 321-4994 For a Free Consultation

Call The Law Offices of Amar S. Weisman at (410) 321-4994 to schedule a Purpose of the consultation is to determine whether you want to retain this law firm as yourFree Consultation. The Baltimore County & Harford County Family Lawyer. If you do wish to proceed, then you must pay a retainer. See Our Policy on Fees and Costs. The family firm is located next to The Circuit Court for Baltimore County, at 1018 Dulaney Valley Road, Towson, MD 21204.

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Towson Child Custody Lawyer Explains Child Custody Evaluations

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If you are a parent in Maryland who is currently dealing with child custody issues, you are undoubtedly experiencing a number of thoughts, emotions and concerns about the possible outcome. As part of the custody process, however, you may be ordered to have a custody evaluation done in your case.

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myDHR | Maryland Department of Human Resources

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With myDHR, your benefits and services are a click away! Use myDHR to apply for benefits and services online, monitor the status of your cases, update important account information, and more.

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What You Need to Know About Prenuptial Agreements in Maryland

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What You Need to Know About Prenuptial Agreements in Maryland

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All court operations except jury trials resume Aug. 31

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All court operations except jury trials resume Aug. 31

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ANNAPOLIS - Phase IV of the Maryland Judiciary's five-phased COVID-19 emergency progressive reopening plan is in effect. Beginning Monday, Aug. 31, Maryland's circuit courts and the District Court of Maryland resumed statewide non-jury trials and contested hearings in civil, family and juvenile cases.

As previously restricted due to the COVID-19 pandemic, anyone entering a courthouse, including employees, is required to wear a mask or face covering; submit to a written or verbal questionnaire regarding any COVID-19 related symptoms; and submit to a contactless thermometer temperature check.

These measures are in place as additional safety precautions to help protect the well-being of all court visitors, judges and employees during the pandemic.

"We are moving cautiously, as planned, into Phase IV of the Judiciary's reopening plan and are now resuming all court operations except for jury trials," Chief Judge Mary Ellen Barbera, Maryland Court of Appeals, said in a posting on the Maryland Judiciary website.

She added, "The phased resumption of court operations combines health measures with operations protocols to serve the justice needs of the people of Maryland."

The Maryland Court of Appeals has remained fully operational since Phase II. Given the size of the courtroom and bench, arguments are being held remotely and continue to be livestreamed on the Judiciary's website at mdcourts.gov.

The Court of Special Appeals also is fully operational, with most hearings held remotely.

Mediation conducted by the Court of Special Appeals' Alternative Dispute Resolution division also may be handled remotely.

Circuit courts will continue to hear all matters that have been heard in Phase III and further expand those matters being heard in Phase IV, according to Judge Laura Ripken, administrative judge for the Fifth Judicial Circuit and chair of the Conference of Circuit Judges.

In criminal matters, the circuit courts will hear motions, expungement, violation of probation hearings, non-jury trials, status conferences and sentencings.

In civil matters, the courts will hear motions, settlements and attorney discipline cases, as well as court trials.

In family law, the courts will hear domestic violence cases, motions, pendente lite hearings, contempt proceedings, adoptions, guardianships, child support, settlements, court-ordered mediations and merits hearings.

Circuit courts will continue to operate with a combination of remote as well as in-person hearings.

During Phase IV in the District Court of Maryland, all court matters in the first three phases of the Judiciary's reopening plan will continue to be heard, plus district courts will begin hearing additional criminal, traffic and civil matters, including landlord-tenant failure to pay rent cases.

District court commissioners' offices are fully operational and continue to process domestic violence protective orders, peace orders, extreme risk protective orders and emergency evaluations after normal court hours and on the weekends.

"Courts are progressively expanding case types for hearings, both in-person and remotely," Chief Judge John P. Morrissey, District Court of Maryland, said in a written statement on the Judiciary website. "Throughout these past several months, the courts have developed and implemented staggered docket times and reduced docket sizes and have incorporated remote hearings to ensure that best practices consistent with COVID-19 safety protocols are maintained."

Individuals who have business with the courts should check the Judiciary's website at mdcourts.gov, or call the clerk's office for information before arriving at a courthouse.

Courts across Maryland will continue using technology for remote proceedings, either by video or telephone, but it will vary by court location.

In addition, individuals without an attorney who need help navigating the court system or need no-cost civil legal assistance can contact the Maryland Courts Self-Help Center at 410-260-1392, or by online chat services at https://www.mdcourts.gov/. Attorneys are available from 8:30 a.m. until 8 p.m., weekdays. In-person legal help in civil cases is available at several locations throughout Maryland; see https://www.mdcourts.gov/.

The Maryland Judiciary plans to move to the fifth and final phase of its COVID-19 reopening plan on Oct. 5, as outlined in the current administrative order, subject to COVID-19 conditions.

Once implemented, Phase V will mark the resumption of jury trials and the Judiciary's statewide completion of its return to full operations at all four levels of Maryland's courts.

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All court operations except jury trials resume Aug. 31

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ANNAPOLIS - Phase IV of the Maryland Judiciary's five-phased COVID-19 emergency progressive reopening plan is in effect. Beginning Monday, Aug. 31, Maryland's circuit courts and the District Court of Maryland resumed statewide non-jury trials and contested hearings in civil, family and juvenile cases.

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Our Towson Asset Protection Lawyer Will Protect Your Marital Property

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Our Towson Asset Protection Lawyer Will Protect Your Marital Property

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We Will Strive To Resolve Your Case Reasonably And Quickly. If That Does Not Happen, We Will Fight For You Until Hell Freezes Over, And Then On The Ice.

The Categorization of Marital and Non-Marital Property in Maryland.

As an experienced asset protection lawyer, Amar S. Weisman can help you exit your marriage with your f inancial f uture intact. The first step of asset protection is to differentiate marital and non-marital property as defined by the Marital Property Act. It says marital property includes whatever was acquired during the marriage however titled. As opposed to title, the Family Law Article focuses on timing. The big question: was this property acquired after the wedding? If the answer is no, the question shifts a little bit: even if the asset was not acquired during the marriage, did it acquire additional value during the marriage? As a general rule, unless you have a prenuptial or post-nuptial agreement, your property will be presumed marital until and unless you establish--through admissible testimony and corroborating authenticated documents--that you acquired the property as the result of a gift from a third-party or inheritance.

Examples of Marital Property That Are Common in Baltimore County

The Marital Home that served as the principal residence of the parties prior to separation. The marital home can be marital regardless of title. The question is when the home was acquired and whether the source of funds used to acquire the home was obtained during the marriage.

Retirement Accounts. Retirement assets can be partially marital and partially non-marital. The Bangs Formula helps define what is in the "pot." The Bangs Formula, like almost all marital property analyses, is all about timing. How long did s/he work at the company and contribute to the retirement account before the wedding? After the wedding? For the calculation of retirement assets, the date of "separation" is usually meaningless.

Business Interests including corporations, partnership interests, sole proprietorship, and limited liability corporations.

Vehicles that were paid for during the marriage. Like the marital home, vehicles can be partially marital and partially non-marital depending on how many payments were made before the wedding. Vehicles include campers, trailers, recreational vehicles, and even ice cream trucks.

Bank Accounts including checking accounts, savings accounts, money market accounts, business accounts, personal accounts, accounts titled to one person, accounts titled jointly and accounts titled in the name of a business. Complicated financial arrangements may require the assistance of a forensic accountant.

Cash on hand.

Household furnishings and electronics including antiques, hand painted/original works of art, china, clocks, computers (especially those manufactured by Apple which maintain their resale value), crystal, dining room sets from a branded furniture manufacturer (such as Hickory Chair), engravings, fine rugs, gym/fitness equipment such as treadmills, furniture, kitchen knives that are branded, living room sets, original scriptures, outdoor furniture, power tools, silverware and sports memorabilia.When deciding whether to include an item of marital property in the context of a divorce, ask whether this the kind of thing that a thief would steal? If the answer is no, then perhaps it is not worth litigating.

Leather goods including trunks, attache cases, brand name purses, jewelry boxes.

Personal Property.

Jewellery (but not the engagement ring) including diamonds, emeralds, rubies, gold and platinum. During the divorce process, it may be helpful to obtain appraisals for jewelry that were acquired for insurance purposes.

Gold including bullion, scrap gold, gold coins and silver coins.

Call 410-321-4994 To Meet With Towson Child Custody & Family Law Lawyer Amar S. Weisman.

Please Call (410) 321-4994 during business hours to schedule a free consultation f or the purpose of deciding whether you want to retain Amar S. Weisman. The firm does not accept pro bono clients at this time. To retain legal services and advice, you must pay a retainer, See Policy on Fees/Costs. The law firm is located in the heart of Towson near The Circuit Court For Baltimore County, Towson Town Center, Goucher College and Towson University, at 1018 Dulaney Valley Road (MD-146), Second Floor Towson, MD 21204. We represent clients throughout the Baltimore area including Aberdeen, Abingdon, Baldwin, Bel Air, Bowleys Quarters, Brooklandville, Carney, Catonsville, Cockeysville, Edgewood, Essex, Garrison, Glen Arm, Greenspring Valley, Homeland, Hunt Valley, Hydes, the Joppa Road Corridor, Kingsville, Long Green, Lutherville, Middle River, Nottingham, Owings Mills, Parkville, Pikesville, Perry Hall, Reisterstown, Riderwood, Rodgers Forge, Rosedale, Ruxton, Sparks, Sparrows Point, Stoneleigh, Timonium, Towson, West Towson, White Hall, White Marsh, and the York Road corridor. We have also represented a number of out-of-state clients. The law firm does not guarantee the results in any matter.

Articles By Family Law Lawyer Amar S. Weisman

Towson Divorce Lawyer Marital Property Blog Posts

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A Towson Asset Protection Lawyer You Can Trust

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We Will Strive To Resolve Your Case Reasonably And Quickly. If That Does Not Happen, We Will Fight For You Until Hell Freezes Over, And Then On The Ice. As an experienced asset protection lawyer, Amar S. Weisman can help you exit your marriage with your f inancial f uture intact.

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Going through the divorce process is never easy. However, the better prepared you are, the smoother the process can be. If you are planning to file for divorce (or if you think your spouse is going to file), here is a good list that will help you get ready for what could possibly happen next.
1. Educate Yourself About the Process

If you're currently looking for the least expensive route to take in order to obtain your divorce, you've probably come across an abundance of do-it-yourself options online. However, while those may be less expensive than working with an attorney, DIY divorces do not always fit everyone's individual situations. For instance, you will need to go through the process of identifying both your separate and marital assets, and if children are involved, you will need to work through resolving custody and visitation issues in accordance with what's in the best interests of your children. If you simply depend on an online form without getting proper legal advice, you could very easily overlook issues that will result in significant consequences in your after-marriage life.

2. Speak With an Experienced Divorce Professional

Even if you are thinking about purchasing a DIY divorce kit, or if you have questions about protecting your property rights and/or making certain that you will be able to spend time with your kids, you owe it to yourself to contact an experienced divorce professional. Some offer free initial consultations and will meet with you in confidence to help you craft a plan for moving forward.

What property and/or other assets do you have that you owned prior to your marriage? What assets did you personally receive by inheritance? What assets may be considered your spouse's separate property? What assets will need to be divided? Creating lists for all of these categories will help ensure that you do not unintentionally give up certain property rights during your divorce. You would also benefit from making lists of: (i) you and your spouse's respective sources of income; (ii) bank, investment and retirement accounts; and (iii) joint and individual debts owed.

When it comes to resolving any differences with your soon-to-be-ex spouse, you potentially have a few options available. Many couples are able to reach divorce settlements amicably, either through private negotiations, mediation, or a collaborative process. To be clear, going to court is sometimes necessary depending on the situation. However, it is generally a last resort and being ready ahead of time to address any possible conflicts will help ensure that you do not need to put the outcome of your divorce completely in a judge's hands.

5. Find Out the Common Mistakes You Need to Avoid Where Possible

In addition to knowing what steps to take, it is also important to know the common mistakes to avoid. Many spouses have good intentions when starting out, but they can make decisions that ultimately end up having serious negative implications for the outcome of their divorce.

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The Ultimate Divorce Checklist. Law Offices of Amar S. Weisman, LLC, Towson - Directory of companies Cataloxy.com

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Going through the divorce process is never easy. However, the better prepared you are, the smoother the process can be. If you are planning to file for divorce (or if you think your spouse is going to file), here is a good list that will help you get ready for what could possibly happen next.

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Five Steps to Establish Paternity and Obtain Child Support

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Five Steps to Establish Paternity and Obtain Child Support

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Five Steps to Establish Paternity and Obtain Child Support

Child support issues can arise between married and unmarried couples alike. If a romantic union resulted in a child, then the subsequent separation of that relationship becomes exorbitantly more complex. Suddenly, an already painful situation becomes much more complicated, particularly when one or both partners is seeking custody of the child and requesting child support. Because custodial parents are entitled to child support payments under Maryland law, you may wish to work with a legal professional to ensure your claim to child custody and support is successful in a court of law.

In order to claim child support and custody in Maryland, legal proof of paternity must be established in court. While this requirement is essential to maintain custody of your child, it is also designed to offer your family peace of mind and make strides toward a loving and healthy arrangement for your family.

In Maryland, paternity is established by either an affidavit of parentage or by requesting a court order. Here, we outline five steps to take to establish paternity and obtain child custody and support.

Talk to Your Partner

Whether you're the mother or the father of your child, you'll want to make sure that your former partner understands that you will be initiating a claim for child custody and support and that a paternity test will be required as part of that process. While this process has the potential to be contentious, it doesn't have to be - and avoiding that will make it easier on everyone in the long run.

File an Affidavit of Parentage

If there is no doubt regarding the paternity of a child, then the couple should proceed to sign an affidavit of parentage attesting to the child's paternity. This document establishes paternity voluntarily, and can be signed at birth or at a later date. If paternity remains in question, however, it is advised that neither parent sign the affidavit. It's also important to note that each party has 60 days to rescind an affidavit of paternity.

Take a Genetic Test

If an affidavit of paternity is not signed, then the petitioning party may request a court order compelling the father to take a genetic paternity test. The court will order the party to complete their DNA test by a specific date and deliver the results expressly to the court.

File the Results in Court

Once DNA results reveal the child's paternity, the court will likely formally declare each party as the child's rightful parents. Once this step is complete, a child custody and support claim can proceed.

Obtain Child Custody and Support

Once paternity has been established, either party can petition the court for child custody and subsequent support. Maryland law does not favor one parent over the other, and will only consider what is in the best interest of the child. The court will use this evidence to determine and establish each party's child support responsibilities.

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Five Steps to Establish Paternity and Obtain Child Support

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Five Steps to Establish Paternity and Obtain Child Support Child support issues can arise between married and unmarried couples alike. If a romantic union resulted in a child, then the subsequent separation of that relationship becomes exorbitantly more complex.

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Paternity Establishment

Paternity Establishment is Important!
Your child deserves all of the advantages in life that two parents can give. There are some special reasons to establish paternity. Benefits For Your Child: Your child may be eligible for some benefits because you have established paternity. These benefits may include Social Security, veteran's benefits, health insurance, life insurance and inheritance. Establishing paternity ensures you can provide for your child even when the unexpected occurs. Family Medical History: Knowing the family's full history of diseases, illnesses and birth defects will help your doctor if your child becomes sick. It's important to know the father's medical history for this reason. Child Support: Your child needs and deserves both emotional and financial support from both parents. You may think that you can get by on your own and live without any help from your child's father. But you may change your mind some day. A court can't order child support without legal proof of paternity. It's easier to get that proof today than to wait.
Establishing Paternity:
Maryland law allows you to establish paternity through a court order or through an Affidavit of Parentage form. If the issue of paternity is contested and cannot be resolved through genetic testing alone, a judicial proceeding may be scheduled to decide the issue of paternity. A representative from your local child support office can explain the process of establishing paternity to you. Your local office of child support can also explain the rights and responsibilities that go along with paternity and answer questions. If you are currently receiving Temporary Cash Assistance payments, your case will automatically be referred to your local office of child support by the Department of Social Services and you will need to apply for services.
Affidavit of Parentage:
Right after your baby is born, you can encourage the father to start the paternity process by signing the Affidavit of Parentage while you are still in the hospital. This action will allow the father's name to be placed on the birth certificate. You can also take the form home with you, complete it and send it back to the Division of Vital Records. If you choose to take the form home, each parent must sign the Affidavit in the presence of a notary public. You may contact the Maryland Department of Health & Mental Hygiene/Division of Vital Records at 410-764-3182 to request an Affidavit. You can establish paternity using an Affidavit up until your child's 18th birthday. Signing the Affidavit is your choice. Once it is signed, it becomes a legal finding of paternity. An Affidavit of Parentage cannot be executed if the mother was married at the time of conception or birth of the child. An Affidavit should not be executed unless the mother is sure that there is only one possible father of the child. Keep in mind that before signing the Affidavit, the person named as the father has the right to request a genetic test or consult an attorney. You can sign the Affidavit even if you are under the age of eighteen without getting permission from an adult or legal guardian. You may want to seek the advice of a parent or legal guardian before signing this form. The hospital staff can help you complete the form free of charge. They can even act as your witness. Be prepared to show them your identification and give your Social Security numbers. The hospital staff will send the Affidavit to the Division of Vital Records.
Rescinding an Affidavit:
A person who has signed an Affidavit of Parentage claiming to be the parent of a child may rescind (cancel) the Affidavit by completing a Rescission Form for Affidavit of Parentage and signing and dating it in the presence of a notary public within 60 days of the date the Affidavit was signed by both parties. If more than 60 days have passed from the date the Affidavit was signed, the Rescission Form will NOT rescind the Affidavit. If the Parents signed on different dates, count from the date that the last parent signed. After the expiration of the 60 day period, the Affidavit can only be nullified by a court order, upon a finding of fraud, duress or material mistake of fact. You may obtain a Rescission Form by calling the Maryland Department of Health & Mental Hygiene/Division of Vital Records at 410-764-3182.
Contested Cases:
Either parent can request genetic testing if the issue of paternity is uncertain. The Child Support Administration can request the parties appear for genetic testing. If genetic test results indicate a probability of paternity greater than 99%, the parties can enter a consent order to resolve the issue of paternity and/or support. If the issue of paternity and/or support remains contested, a court hearing will be scheduled to resolve those issues.

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Paternity Establishment - Maryland Department of Human Services

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Paternity Establishment is Important! Your child deserves all of the advantages in life that two parents can give. There are some special reasons to establish paternity. Benefits For Your Child: Your child may be eligible for some benefits because you have established paternity.

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Physical Custody Is At the Heart of Most Child Custody Disputes

If your custody dispute involves allocating time between your household and the other parent, then you have a physical custody issue. At the Law Offices of Amar S. Weisman, we have handled hundreds of cases in the Circuit Court for Baltimore County where physical custody is negotiated (and reduced to written form by way of an agreement, i.e. parenting plan) or decided by a judge or magistrate following an evidentiary hearing. Whether physical custody is determined by a magistrate or judge may depend on the length of trial requested at the settlement conference.

The Definition of Physical Custody Under Maryland Law

Physical Custody is the right and obligation to make a home for the child and to care for the child on a day-to-day basis. In terms of overnight visitation, there is basically "Shared Custody" or "Not Shared Custody." Shared Custody exists when both parents have more than 128 overnights. It does not mean a 50/50 division of time. When there are 128 or more overnights, child support is calculated differently. On the one hand, Shared custody allows children to enjoy meaningful relationships with both parents. On the other hand, shared custody schedules may create confusion and instability. Whether shared physical custody is awarded in a family law matter depends on the best interests of the minor child and is not analyzed as both parents having the automatic right to equal time. It is very difficult, but not impossible, to implement shared custody in matters where there is a significant distance between the residences of the parties.

The Great Importance of the Primary Residential Custodian

The Primary Custodian is the parent who has the child more than 50% of the time.The primary custodian may claim the Child Exemption on federal income tax returns unless the Primary Custodian completes and signs an IRS 8332 Release of Claim To Exemption for Child by a Custodial Parent. The primary residential custodian may be essential for the selection of a school district. Many parents may negotiate physical custody to allow the minor child to attend a better school. According to recent statistics, the best elementary schools in Baltimore County include West Towson Elementary School, Pinewood Elementary School, For Garrison Elementary School and Riderwood Elementary School. The best Middle Schools include Ridgely Middle School, Dumbarton Middle School in Rodger's Forge. Hereford Middle School. The best middle schools include The best high schools include the Hereford High School, Dulaney High School, and the George W. Carver School for the Arts & Technology and Towson High School.

Examples of [Physical Custody] Visitation Access Schedules

Amar S. Weisman has worked to create innovative visitation schedules that serve the best interest of the minor child. The firm has many resources including Thomson Reuters Westlaw, Family Law Software and CustodyXChange, which is software that allows attorneys to prepare detailed visitation schedules with calendars, graphs breaking down parenting time, and schedules calendared to match the schedule of the local school district and which factor the distance between the parties. Visitation schedules provide access to the non-custodial parent and usually include special provisions for summers and holidays.
Visitation Schedule #1-One Parent Has Primary Custody

Every other weekend from Friday until Sunday.

Non-overnight Wednesday dinner visit.

Alternating holiday visitation on Easter, Thanksgiving, and Christmas.

Each parent has two weeks of uninterrupted visitation during the summer.

Visitation Schedule #2-Shared Physical Custody.

Every other weekend from Friday until Monday, from when school lets out until school resumes on Monday.

Wednesday overnight visitation from when school lets out until when school resumes.

Alternating holiday visitation on Easter, Thanksgiving, and Christmas.

Week On/Week Off visitation during the summer.

Visitation Schedule #3- 50/50 Access Schedule.

Parties alternate having the child/children on a "week on"/"week off" basis.

School year and summer is the same, except customarily the child sometimes has 1-2 weeks of uninterrupted access with each parent. Whether uninterrupted access is appropriate depends on what the child will actually do during this time period.

The uninterrupted summer access allows each parent to take the minor child or children on trips.

Problems arise when one the parent with uninterrupted access does not do anything with the child/children.

The language where each parent selects the summer access should be inserted carefully in a manner that does not allow both parents to designate the same week which accomplishes nothing.

Alternating holiday visitation on Easter, Thanksgiving, and Christmas.

Call 410-321-4994 To Meet With Towson Child Custody & Family Law Lawyer Amar S. Weisman.

Please Call (410) 321-4994 during business hours to schedule a free consultation for the purpose of deciding whether you want to retain Amar S. Weisman. The firm does not accept pro bono clients at this time.

To retain legal services and advice, you must pay a retainer, See Policy on Fees/Costs.

The law firm is located in the heart of Towson near The Circuit Court For Baltimore County, Towson Town Center, Goucher College &Towson University, at 1018 Dulaney Valley Road (MD-146), Second Floor Towson, MD 21204.

We represent clients throughout the Baltimore area including Aberdeen, Abingdon, Baldwin, Bel Air, Bowleys Quarters, Brooklandville, Carney, Catonsville, Cockeysville, Cromwell Valley, Edgewood, Essex, Garrison, Glen Arm, Greenspring Valley, Homeland, Hunt Valley, Hydes, Inner Harbor, the Joppa Road Corridor, Kingsville, Long Green, Lutherville, Middle River, Nottingham, Owings Mills, Parkville, Pikesville, Perry Hall, Reisterstown, Riderwood, Rodgers Forge, Rosedale, Ruxton, Sparks-Glencoe, Sparrows Point, Stoneleigh, Timonium, Towson, West Towson, White Hall, White Marsh, Woodcroft, and the York Road corridor. We have also represented a number of out-of-state clients. The law firm does not guarantee the results in any matter.

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Additional Helpful Physical Custody Resources

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Physical Child Custody Under Maryland Law

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If your custody dispute involves allocating time between your household and the other parent, then you have a physical custody issue. At the Law Offices of Amar S. Weisman, we have handled hundreds of cases in the Circuit Court for Baltimore County where physical custody is negotiated (and reduced to written form by way of an agreement, i.e.