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Maryland Divorce Lawyer Blog

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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…

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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…

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Personal Injury Settlements in the Context of Child Support Arrearages

Maryland has a strong policy supporting child support payments. Typically a custodial parent can ask to have the other parent’s wages garnished when the other parent fails to pay court-mandated child support. However, not all of the other parent’s funds can be garnished to pay off child support arrearages. In…

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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…

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Division of Pension Benefits in Maryland Divorces

Property division in Maryland divorce cases concerns not just tangible items that were used during the marriage, but also property that accrued during the marriage, such as investments and pension benefits. In a 2009 appellate case, the Maryland Court of Special Appeals considered whether an ex-husband should be required to…

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Modifying Spousal Support After An Ex-Spouse’s Remarriage in Maryland

Maryland separation agreements can waive the parties’ right to have the court assume jurisdiction over modifications to spousal support. Removing the court’s power to modify a separation agreement can prove problematic in the event that one of the parties regrets the terms of the original separation agreement. In a 2010…

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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…

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