In a recent case, a woman who had married in 1995 and had two sons filed for divorce in 2009. The husband was a physical education teacher. The wife later claimed the husband spent most of his time with somebody she thought was his girlfriend. She testified she was the…
Articles Posted in Custody case law
What if a Maryland Paternity Test Shows You Aren’t the Father?
If you have doubts about paternity, it is important to raise them from the start. A 2007 appeal illustrates the danger of waiting until years pass to contest or inquire into paternity in Maryland. In the case, the court considered a challenge to paternity with respect to a child born during a…
Impact of New Maryland Domestic Violence Bills on Child Custody
Domestic violence is a more common problem than you might believe. 1.3 million American women are victims of physical assault by a sexual partner every year. Some of these physical assaults result in homicide. Not all victims are women, but about 85% are. Maryland courts take allegations of domestic violence…
Reunification Efforts in Maryland Child Custody
When a Maryland child is removed from a parent’s care and custody, the department of social services has a statutory obligation to make reasonable efforts to reunify the child with the parent. However, there are cases in which a parent’s inability to recognize and seek treatment for his or her…
Do You Place Your Mental Health At Issue When Seeking Sole Custody?
Maryland recognizes the importance of psychotherapist-patient privilege in cases where a parent seeks psychiatric help or counseling. This privilege keeps records confidential in many, but not all instances. The issue of your mental health can come up in a custody proceeding. In a 2000 case, a mother sought sole custody…
Corporal Punishment in Maryland Family Law
Before administering corporal punishment, a parent in Maryland must consider the child’s age, size, ability to understand the punishment, and ability to comply with the punishment. Because standards have changed significantly in the last few decades, it can be difficult for some parents to know what kinds of punishments are…
Is “De Facto” Parenthood Recognized in Maryland?
In a 2008 case, a Maryland appellate court considered whether Maryland recognizes de facto parenthood. In the case, Margaret, a woman in a committed same-sex relationship was seeking custody or visitation of a child adopted by Janice, the other woman in the relationship. The two women met in 1986 and…
Untimely Objections in Maryland Family Law
If you are served with a notice that your parental rights may be terminated or any other kind of legal notice from the State related to your children, it is critical to contact a Maryland family law attorney as soon as possible. Some parents fail to understand the urgency of these…
Courts May Not Blindly Apply Administrative Policies that Prejudice of Maryland Parents’ Due Process Rights
In a recent case, a Maryland appellate court considered a local court policy that limited the parties’ ability to access investigative reports ordered by the court in a child custody matter. The mother challenged this policy after the court awarded sole legal and physical custody to the father of her…
Allegations of Abuse in Maryland Child Custody Cases
Allegations of sexual, physical or emotional abuse are taken very seriously in Maryland child custody cases. The child’s best interests are of primary importance. In a recent case, the parents’ custody of a fourteen-year-old was modified after the mother learned of sexual abuse allegations in the context of the father…