Articles

Court orders usually require that the custodial parent notify the non-custodial parent prior to relocating with the child. The notice requirement is usually included in the court order or the parties’ consent custody agreement. The notice requirement normally has a time period of 60 to 90 days prior to the parent’s intent to relocate. In […]

Most Custody agreements contain language relating to a parent’s responsibilities in the event they relocate or move more than 25 miles from their current residence. For Example: If either party relocates more than 30 miles outside of the D.C. Metropolitan area, he/she will give the other party 90 days’ notice prior to his/her intent to […]

Courts usually encourage parents to determine a custody access schedule that serves the best interest of the child or children. School calendars include information about when the students are off. For example, in Montgomery County Public Schools, this year’s Winter break begins on December 23, 2024, and ends on January 1, 2025. In custody matters […]

Judges or Magistrates normally refer parents to custody mediation prior to the scheduled trial date. The objective for custody mediation is to resolve contested issues using a trained mediator. The parents may attend custody mediation either pro se or with an attorney. In some jurisdictions, the parents attend without their attorneys. Most mediators prefer to […]

Maryland’s 2024-2025 Academic Year It’s almost that time again. School will begin in most counties in suburban Maryland on Monday August 26, 2024. Most schools have updated their websites with useful information relating to changes for the 2024-2025 school year. Here are some resources that might be helpful. –MCPS Back to School Fair: Saturday August […]

In custody cases, the non-custodial parent normally gets more access to his or her child during the summer months. A summer schedule that takes into consideration the child’s prior summer plans is normally ideal. Most courts require that the child spend a minimum of two weeks with the non-custodial parent. In order to ensure that […]

In Child Custody cases, Parents are awarded either Joint Legal Custody or Sole Legal Custody of their child Joint custody is where both parents are involved in decisions relating to the health, education and welfare of the child. Joint custodial parents must consult with one another prior to making major decisions relating to their child. […]

A Third-party custody case involves an individual or individuals who do not have traditional custody rights to the child. An example of a third-party custody is the child’s grandparent filing for custody of the child against the child’s natural parents. In order to have standing in a custody case, the petitioning party must intervene. A […]

Pursuant to Family Law Section 4-507 (a) A protective order may be modified or rescinded during the term of the protective order after: The requesting party (1) Giving written notice to all affected persons eligible (2) Signing a waiver of tort claim of civil liability against the individual who requested the protective order and (3) […]

In Maryland Child Support Guidelines are determined by the income of the parents, number of children, and ordinary and extraordinary medical and daycare expenses. Child Support guidelines are governed by title 12 of the family law article. In order to accurately determine a parent’s child support obligation, the court requires that each party file a […]

I’m looking forward to presenting at National Business Institute’s upcoming course, “Advanced Divorce Litigation Part 2: Custody, Support, and Asset Conflicts” on Friday, April 19, 2024. Register today at https://www.nbi-sems.com/ProductDetails/98421ER! Use Promo Code FSPN50A at checkout to get $50 off! Hope to see you there!

Absolute Divorce and Irreconcilable Differences Commencing on October 1, 2023, the grounds for absolute divorce have changed. Adultery is no longer a ground for divorce. A party must now file under the grounds of irreconcilable differences. The definition of irreconcilable differences is defined as: An inability for two parties to resolve their differences in order […]

As of January 1, 2024, the following laws in Maryland will go into effect. 1.Mimimum Wages will increase to $15.00 per hour. According to the office of the Governor, this increase will increase wages for approximately 163.00 employees. 2.Medicaid will be required to provide medical necessary gender affirming treatments. 3. Some counties and towns for […]

In 2016, the Justice Reinvestment act authorized expungement for several misdemeanor offenses as well as felony offenses after specified waiting period. As of 2023, the waiting period for most misdemeanors is five years and certain felonies seven years. As of 2022, convictions for marijuana became eligible after the completion of the individual’s sentence. Possession of […]

A Joint Expungement Clinic will be held this Saturday at the Rockville, Library. The event is sponsored by Montgomery County Alumnae Chapter Delta Sigma Theta Sorority Inc., J Franklyn Bourne Association and The National Association of Criminal Defense Attorneys. The event Flyer Follows:

I’m looking forward to presenting at Institute for Paralegal Education’s upcoming course, “Complex Family Law Issues and Solutions for Paralegals” on Wednesday, November 01, 2023. Register today at https://ipe.nbi-sems.com/ProductDetails/97621ER! Use Promo Code FSPI50A at checkout to get $50 off! Hope to see you there! #Institute for Paralegal Education # Complex Divorce Issues # Hidden Assets

After October 1, 2023, the statute relating to Divorces will change. The changes will be as follows:

I’m looking forward to presenting at National Business Institute’s upcoming course, “Complex Divorce Finance Issues in Virginia” on Thursday, September 28, 2023. Register today at https://www.nbi-sems.com/ProductDetails/96961ER!. I Will Be Applying Rules of Professional Conduct in Dissolution Practice Use Promo Code FSPN50A at checkout to get $50 off! Hope to see you there! @National Business Institute […]

Effective July 1, 2023, Possession of Less than 10 grams of Marijuana will not be a crime. An individual who is in possession of less than 10 grams of Marijuana will be subject to a fine of not more than $250.00. After July 1, 2023, individuals who were convicted of possession of less than 10 […]

Home | Maryland Courts (state.md.us) Access to Court Records | Maryland Courts (state.md. E-Filing in Prince George’s County https://www.courts.state.md.us/mdec/efiling E Filing in Prince George’s Cournty https://www.courts.state.md.us/district/efile/efilemain Montgomery County Court Website Home – Montgomery County, MD Circuit Court (montgomerycountymd.gov)

In the state of Maryland Parties may be eligible for a mutual divorce under the following circumstances:

On March 21, 2023, the Supreme Court unanimously decided that a student who had a disability could sue his school for damages over lapses in his education. The Court held that the school had failed to provide Perez with a Free and Appropriate Education (FAPE). Perez was deaf and was enrolled in Sturgis Public Schools […]

In Maryland, there are different types of attorneys appointed by the court to represent the child’s best interest. The case of Taylor v. Taylor provides guidelines for the court to follow in determining a child’s best interest in custody matters. In high conflict custody cases, courts in Maryland often appoint attorneys to represent a child’s […]

In any proceeding before the court for custody or visitation of a child, the court may order a custody or a psychological evaluation of any parent, guardian, legal custodian or person standing in loco parentis to the child, if the court finds such evaluation would assist it in its determination. The court may enter such […]

In the age of technology there are several ways to communicate. There are some that prefer email, others prefer text and still others feel more comfortable with face-to-face communication. A divorce between parents can be very difficult however, courts focus on what’s in the child’s best interest. Most judges award joint legal custody which requires […]

I recently presented “Advanced Custody and Support Issues in Maryland” for National Business Institute, which you can now watch OnDemand! Use promo code FPDN50 at checkout to get $50 off your purchase. Check it out at https://www.nbi-sems.com/ProductDetails/95409SVDM! @Natinal Business Institute # Custody # Support # Maryland Family Law

Faculty Julius Blattner, David Diggs, Lynndolyn T. Mitchell, Gregg H Masson and David D. Nowak Program DescriptionParenting Plans, Custody Evaluations, Relocation, Support Modifications, Parental Alienation, and More You know what the law says – but what factors really matter to the courts’ determination of parenting time and custody? How do you strategically proceed if you […]

In the case of Breona C. v. Rodney D., decided by the Court of Appeals of Maryland in November 2021 has significantly changed the way courts determine whether a party has violated a prior court order. In Breona C, the court held that an order holding a person in constructive civil contempt must satisfy certain […]

A new law will require local school systems to provide equivalent access to digital tools for students with disabilities, including the development, purchase, and provision of certain digital tools that are directly connected to student instruction. The Elijah Gorham Act will alter the requirements for an automated external defibrillator program in public middle and high […]

Under the case of Taylor v. Taylor, the court considers the following factors in determining whether to award joint custody or in the alternative sole legal custody. The Factors that the court must consider are as follows: Factors for Custody Taylor v. Taylor 306 Md. 290 (1986) 1.            The fitness of the parents current Relationship […]

Maryland requires that unmarried persons whom which is child is born sign an affidavit of parentage. The affidavit of parentage is usually signed at the time of the child’s birth. If no affidavit of parentage is signed, the court must establish paternity by having a paternity test administered or in the alternative, the parent can […]

I’m looking forward to presenting at National Business Institute’s upcoming course, “Maryland Family Law From A to Z” on Thursday, April 21, 2022. Register today at https://www.nbi-sems.com/ProductDetails/92021ER! Use Promo Code FSPN50 at checkout to get $50 off! Hope to see you there! Who Should Attend This basic-to-intermediate level online seminar will provide topical insights, sample forms and […]

Most parents who have primary physical custody make day to day decisions regarding their child or children. In terms of parents with joint legal custody, both parents must consult one another relating to Medical, Educational and General Welfare matters of their child/children. Although the parent with primary physical custody may believe that he/or she is […]

School Districts in Maryland have required masks since in person learning has resumed. A judge in Anne Arundel County recently ruled that the mask mandate would be in effect until the end of January 2022. The basis of the court’s ruling was the most recent surge in COVID-19. Howard County schools have implemented masks mandates […]

COVID-19 UPDATES https://coronavirus.maryland.gov/ Minimum Wage: The minimum wage in Maryland will increase. On Jan. 1, the rate will go up to $12.50 for people working for employers who have 15 or more employees. It will increase to $12.20 for those working for employers with 14 or fewer employees. Organ Donation: Maryland residents who choose to be organ donors […]

Now that COVID vaccinations have been implemented for children from ages 5-11, many parents are at odds regarding the vaccination process as it relates to children. It is very important that parents research the pros and cons of vaccinations and children. If parents have joint legal custody, the parents must be on the same page […]

The courts in Montgomery County, Maryland will go live with MDEC on October 26, 2021. To ensure that the transition is seamless, the District and Circuit courts will close on October 25, 2021. Here are some resources that will help those who are not familiar with the electronic filing system currently in effect in other […]

Pursuant to §8-103 of the Family Law Article, Maryland Courts are vested with the power to modify any child custody agreement with respect to the “care, custody, education or support of any minor child… if the modification would be in the best interests of the child.” The moving party must first show that there has […]

REMEMBERING 9/11 It is hard to believe that 9/11 was 20 years ago. It seems like yesterday. The memories of how the 9/11 attacks had a longterm affect on persons who may have been old enough to recall the attacks that occured in both Arlington, Virginia, New York City and Shanksville, Pennsylvania. As we approach […]

According to the Washington Post article dated July 27, 2021, the Montgomery County Public schools will require all children to wear masks indoors for the 2021-2022 school year. This announcement coincides with the CDC reversing course and recommending that both vaccinated and un vaccinated individuals wear masks in doors. Although some parents are opposed to […]

ANNAPOLIS, Md. — The Maryland state government has started its new year on July 1 with a fresh budget and many new laws. Some of the new laws will affect college athletes, people suffering from mental illnesses, the Maryland state song and more. Here is a list of new laws that will be effective today. […]

As of June 1, 2021, the United States has turned the corner of The COVID-19 pandemic. In the midst of the pandemic parents were reluctant to follow visitation orders that were in existance prior to the pandemic. Many parents utilized the Panemic to change or alter custody and access orders that the court previously determined […]

Military Divorce Myths and TruthsIn a military divorce, dividing martial property can be challenging. In 1981, the U.S. Supreme Court ruled that states did not have jurisdiction to divide a military retirement. McCarty v. McCarty, 453 U.S. 210 (1981). Although state courts do not have jurisdiction to divide military pensions, the parties to the divorce […]

The Maryland courts have progressively extended the rights of 3rd parties in custody cases. The most recent case, EN v. TR 247 MD App 234 (2020), outlined specific factors necessary to establish that a 3rd party is a DeFacto parent. The factors are as follows:  (1) The at least one of the child’s biological parents […]

Montgomery County Public Schools will begin a return to in-person learning on March 1. The gradual return to classroom instruction, approved by the county school board Tuesday, will start with a small group of special education students and students in career and technical education programs. Then, beginning March 15, additional groups of students will return […]

Beginning in March 2020, the Maryland courts required that all parties involved in contested custody matters were required to submit a parenting plan tool. Form CC-DRIN-109 can be accessed by clicking on the following link: https://mdcourts.gov/sites/default/files/court-forms/ccdrin109.pdf WHAT IS A PARENTING PLAN?A parenting plan is a written agreement describing how people, called parties, will care for […]

New Laws Take Effect Oct. 1, 2020 in Maryland Source NBC News 4 Every year, Maryland lawmakers designate the first of October as the day to enact some of the biggest changes to the legal code. Here’s a look at some of the notable changes to laws concerning civil rights, crime and courts, employment, environment […]

During the Pandemic Co-Parenting can potentially have some challenges however it is necessary to follow all prior existing orders:Custody Orders During COVID-19. On Friday, March 27th, the Maryland Judiciary issued a statement that: “All court orders for a child’s custody, parenting time, and child support are still in effect.” … credible risk of imminent and […]

On March 23, 2020, the office of Governor Hogan Issued an order requiring non-essential business in Maryland to close. The link to the list of essential businesses can be found via the following link: https://governor.maryland.gov/wp-content/uploads/2020/03/OLC-Interpretive-Guidance-COVID19-04.pdf Although Lawyers are considered essential, there are significant guidelines that can be followed to protect clients amid the Corona Virus […]

Excerpt from Baltimore Sun March 4, 2019 Reporter Luke Broadwater The legislative bill called “Blueprint for Maryland’s Future” — introduced by House of Delegates Speaker Michael Busch and Senate President Thomas V. Mike Miller — would provide more than $1 billion in funding from the state budget over the next two years to begin implementing […]