When a parent believes a child is in immediate danger, waiting weeks for a standard court hearing may not be an option. In those situations, filing for emergency custody in Maryland or Washington, D.C. may be necessary. In this article, we unpack… The types of situations that justify filing for emergency custody. What kind of evidence you will need when you petition for emergency custody. How long an emergency custody order lasts, and why an attorney's help is recommended. What Situations Justify Filing For Emergency Custody In Maryland Or Washington, D.C.? The key factor is immediate or imminent danger. The concern cannot be speculative or based on something that might happen in the future. The threat must be happening right now, or there must be a high likelihood that it is about to happen. Judges look at whether your child is truly in danger. If the situation does not meet that threshold, the court may dismiss the emergency request and schedule a regular hearing at a later date instead. For example, I had a case where a mother took the children out of the country.…Read More
In custody disputes, the court’s primary concern is always the child’s safety and well-being. In some cases, that concern leads to orders for supervised visitation in Maryland or Washington, D.C. In this article, we discuss… What supervised visitation means, and why it is sometimes ordered. Whether a parent can challenge a supervised visitation order. The steps to take if you believe supervised visitation may be necessary to protect your child. What Is Supervised Visitation In Maryland And Washington, D.C. Custody Cases? In custody cases, supervised visitation means that a third party must be present during a parent’s time with your child. That third party’s role is simply to observe and ensure your child’s safety. The supervisor can be: A relative A friend A professional agency As a parent, you can hire a professional supervisor, but it is often less expensive to use a trusted friend or family member, if appropriate and acceptable to the court. When Do Family Courts Require Supervised Visitation For A Parent? Courts generally order supervised visitation when they believe there is a potential risk to your child. This may include concerns…Read More
When parents experience a significant shift in income or custody arrangements, that can signal that it is time to consider modifying child support in Maryland or Washington, D.C. In this article, we’ll discuss… When and how child support can be legally modified. The financial documents to provide when requesting a change to child support rates. Whether it’s necessary to return to court to modify a child support agreement. When Can Child Support Be Legally Modified In Maryland Or Washington, D.C.? Child support can be modified when there has been a material change in circumstances. Most commonly, this means a change in income. If a parent’s income has increased or decreased by a meaningful amount, for example, around 15%, that may justify going back to court to request a modification. On the other hand, a very slight increase or decrease in income is usually not enough to warrant a change. The key question is whether the change is significant enough to affect the child support calculation under the court’s formula. How Does The Child Support Modification Process Differ Between Maryland And Washington, D.C. Family Courts? There…Read More
In this article, you will discover: Whether age is a factor in determining a child's custody preference in Maryland or D.C. The weight a child’s opinion carries in Maryland and D.C. custody cases Whether children need to testify in Maryland or D.C. custody cases At What Age Can A Child Express A Custody Preference In Maryland Or D.C. Family Court? There's no age limit. The child's maturity level would be a determining factor. It's never advisable to put children on the stand to testify against a parent. When a child is young, the judge typically speaks with them alone, without the presence of parents or attorneys. The judge questions the child, but you don't know what the child has told the judge. This arrangement is preferable because the child doesn't feel pressured. How Much Weight Do Maryland And D.C. Judges Give To A Child’s Opinion In Custody Cases? It’s a factor, but it doesn’t weigh that heavily, especially when the child is young. If the child is 16 or 17, they go where they want to go. Even with a custody order dictating that a…Read More
In this article, you will discover: How mediation works for Maryland couples who are divorcing The types of issues that mediation can help resolve What happens if your spouse refuses to cooperate in mediation What Is Divorce Mediation, And How Does The Process Work For Couples Divorcing In Maryland? Mediation is a voluntary process for divorcing couples where a neutral third party, the mediator, helps couples resolve divorce-related issues outside of court. Suppose you have a contested divorce and there's a disagreement on one issue. In such cases, judges usually encourage or order mediation, as it can be conducted through the courts at no additional cost. The mediators are skilled professionals. Usually, they can help you and your ex reach some kind of an agreement. As long as you are at the table talking to each other, at least you're listening. You might disagree, but you know what the other side wants and what they don't want. Even after a divorce case is over, if there’s another conflict, your first call should be to the mediator. By doing that, you can try to resolve the…Read More
In this article, you will discover: Legal steps you need to take before moving out of state with your child Key factors that judges consider in Maryland and D.C. child relocation cases Whether you can move out of state with your child if the other parent objects What Legal Steps Should You Take Before Moving Out Of State With Your Child After A Maryland Or D.C. Divorce? If you're moving out of state, have custody of your child, and the child wants to move, the first step is to try to obtain the permission of the other parent. If you have a custody agreement for Maryland or D.C. and you're moving to California, it will be challenging to maintain that custody agreement unless you obtain the necessary permission. Most likely, you’ll end up back in court to have the custody agreement modified so you can take the child to California. Case Study: Do You Recall A Time Where A Client’s Ex Violated A Custody Order By Moving Out Of State? I represented a father whose ex moved the child to California. The father filed a…Read More
In this article, you will discover: How parents’ income is determined in Maryland child support cases The role of healthcare and childcare costs in the determination of child support Mistakes to avoid when negotiating child support in Maryland How Does The Court Determine Each Parent’s Income In A Maryland Child Support Case? The court looks at the entirety of your income and your expenses. Typically, the parent with the higher income is required to pay child support. The court will look specifically at your W-2 statements or any documentation you may have related to a business you own. They then use a formula to determine which parent is responsible for paying child support. What Role Do Health Insurance And Childcare Costs Play In Maryland Child Support Calculations? If you're paying for support, you may be eligible for a credit if you pay for healthcare or childcare. As a result, the amount of child support the other parent receives will be decreased. Conversely, if they are paying for health care or childcare, they would receive more child support. If you have a child with special needs…Read More
