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Family law issues have emotional and financial implications that can affect your life and the lives of your children for decades to come. When facing a family law matter, it is extremely important to consult an attorney who knows how to protect your interests today and in the future.
Find answers to your Maryland family law questions below. Or you can return to the Family Law Page.
Yes.
You should decide whether you want an agency adoption or a private adoption.
An adoption is accomplished either through an agency or by independent means. Agency and private adoptions are different.
In the case of a private adoption, the child is given directly to you, the prospective adoptive parents, without interference by the state or a private agency. The child will be placed in your home right away, before parental rights have been terminated. Legal custody remains with the natural parent until a judge grants the adoption.
In contrast, in an agency adoption, legal custody of the child has been given to the agency. Unless you were the child's foster parents the child is not placed in your home until the natural parents' rights have been terminated. If you are found unsuitable or do not go through with the adoption, the agency retains custody over the child until the child is adopted by another family.
Yes, you can start now, but you cannot finalize the adoption until after the baby is born.
Return to topA Prenuptial Agreement is an contract that a couple enters into before they get married. The contract settles issues that arise in the event of divorce, including who owns what property after divorce and how much, if any, spousal support will be paid.
Return to topA separation agreement is a contract that a married couple enters into after they separate. The contract settles all issues that would arise during a divorce, such as who keeps what property, who pays the credit cards, who has custody of the children, and what the visitation schedule will be. Child support is set by the Child Support Guidelines in Maryland, but the calculated amount is stated in the separation agreement.
As long as all issues are agreed on in a separation agreement, the parties can get an uncontested divorce. The terms of the separation agreement become part of the divorce decree.
Return to topIn Maryland, you must give the state a reason to grant a divorce. The grounds for an absolute divorce are:
MD Code, Family Law, § 7-103
The grounds for a limited divorce are:
MD Code, Family Law, § 7-102
An absolute divorce is permanent and allows the ex-spouses to remarry others. A legal separation or a limited divorce is not required to file for an absolute divorce.
A limited divorce is more like a "legal separation" which is used when issues of child support or child custody need to be settled faster then an absolute divorce will allow. It does not permit the ex-spouses to marry others. An absolute divorce will have to be filed later for the spouses to be completely divorced.
An uncontested divorce is one in which all the issues are settled and agreed upon. Both parties agree that they want to get divorced, they have split all their property and decided all issues of custody, child support and visitation. All of these issues are agreed on and then written in a Separation Agreement. The terms of the separation agreement become part of the divorce decree. This is the least expensive way to get divorced.
Return to topThe judge can award alimony to you when you are granted a divorce. You have to have grounds for divorce in order to get alimony. So, depending on your situation, you may have to wait a year or more to get alimony. But there are exceptions, so talk to a lawyer about your specific situation.
The judge considers many factors, including:
Md. Code, Family Law § 11-106(b) and MD Code, Health - General, § 19-301(o)(1)
Return to topThe parent with physical custody has the child with him or her and has responsibility for day to day care and decisions for the child. The parent with legal custody makes decisions about major issues in the child’s life relating to religion, schooling and medical care.
Both physical custody and legal custody may be sole (in one parent) or joint (in two parents).
Sole physical custody means that one parent has the child with him or her more than 65% percent of the time. The child stays overnight at that parents house at least 237.25 nights a year. This usually means that the child lives with one parent and visits the other parent, say, every other weekend, for example. Holidays are usually split evenly.
Joint physical custody means that both parents have the child at least 35% of the time. The child stays overnight at each parents house at least 127.75 days a year. If one parent has the child less than this, the parent that has the child the most has sole physical custody.
Parents may split time with the child any way that works for their family. The parents can split the week (Mom has child Saturday evening through Tuesday evening, Dad has child Tuesday evening through Saturday evening); they can alternate weeks (Mom has child one week, Dad has child next week), or they can split the year (one parent may have the child during the week, during the school year while the other parent has the child every weekend (or 2 – 3 weekends a month) and all summer). Holidays are usually split evenly.
Parents must be able to trust each other, communicate and cooperate for this type of custody to work.
Sole legal custody means that one parent (usually the parent with sole physical custody) is responsible for making important decisions about the child’s life relating to religion, schooling and medical care.
Joint legal custody means that both parents make decisions about major issues in the child’s life. Judges will sometimes give parents joint legal custody and gives one parent (usually the parent with sole physical custody) the authority to make the final decision when the parties don’t agree on an issue.
The judge tries to decide what is in the best interest of the child. The things the judge will consider include the following:
The judge may also consider other factors, such as the physical, spiritual and moral well-being of the child, the environment and surroundings in which the child will be reared, and the influences likely to be exerted on the child.
The judge does not consider one factor more than any other. The judge tries to decide, overall, what would be in the best interest of the child.
The most important factor in deciding whether to award of joint legal custody is the ability of the parents to communicate and make joint decisions about their child.
Return to topYes. Since you are the parent of the child, you are required by law to support the child, even if you do not have contact with the child.
Your check can be garnished (money taken out before you get it), your drivers license can be suspended, your passport can be suspended and your income tax refund can be taken before you get it.
Maryland calculates child support using the "Income Shares Model". It is a complicated formula.
Basically, the gross (before taxes) income of both parents is added together. Child support for other children or alimony paid is subtracted. Then that amount is looked up on a table (available at Family Law Section 12–204, Basic Child Support Obligation) to find out how much both parents would spend on the child each month if they were still together (this is the "theoretical child support obligation"). Then each parent's income is turned into a percentage of their combined income. This percentage is applied to the theoretical child support obligation in order to determine the child support owed to the custodial parent.
Certain expenses, such as health insurance and daycare, are calculated into the child support so that the parent who pays these expenses is reimbursed.
Yes. The parent with the higher income usually pays child support to the other parent, but the amount is lower than it would be if one parent had sole physical custody. The child support formula includes certain expenses paid for the child and reimburses the parent who pays out of pocket for those expenses.
Return to topDisclaimer: This site provides general legal information. It is not legal advice. You must contact an attorney for legal advice for your specific situation.