Recently, the Maryland appellate court ruled in the case of a father who appealed the finding that his child was a child in need of assistance (“CINA”). The master had recommended this finding to the court after a hearing in which it was shown that the mother and father failed…
Parties who marry in Maryland can choose to enter prenuptial agreements that are governed by religious rather than secular law. They can also elect to have issues that arise heard by an arbitrator outside secular law, such as a religious body. However, should you choose to do this, you should…
Maryland uses something called “the Bangs formula” to decide the marital share of an asset in a divorce case. The formula is called this because of a 1984 case called Bangs v. Bangs. Under the formula, the court looks at the number of years of a person’s working life, during…
In Maryland, the court may appoint a “best interest” attorney for a child in a family law proceeding. He or she makes independent assessments of what is in the child’s best interest and advocates for these assessments in court. Sometimes one or both of the parents dispute these assessments. In…
Parents in Maryland and other states have the constitutional right to determine the “care, custody and control” of their children. There is a traditional presumption that a fit parent acts in the best interest of his or her child. The right to determine care, custody and control is not absolute,…
In Maryland, courts scrutinize attacks to prenuptial agreements carefully. They interpret prenups as they would any other contract between two consenting adults. In a recent case, a twenty-six-year-old woman had married a father of three. In 1988 when they married, she was working in a daycare center for minimum wage.…
Maryland divorces can be very stressful, having consequences for extended families, including grandparents. A 26-year study released last year found that the rate of divorce may depend at least partly on the strength of the relationship with one’s in-laws. The study found that a husband who has a close relationship…
For many years, a difficulty in Maryland family court has been figuring out a workable system of visitation for parents when one parent moves out of state. Many families face this challenge when one parent gets a job out of state. Since the rise of video conferencing technologies and electronic…
Our office was retained to assist with a divorce matter in Baltimore County. The client was older, in her sixties, and made her living working with children on their religious studies. Although she loved teaching her students, due to serious health problems, she was forced to retire. Her only source…
What is “limited divorce” in Maryland? The state recognizes both “limited” and “absolute” divorce. The latter is a true divorce. The former is a legal separation that may be pending the absolute divorce judgment. There are only certain issues in a limited divorce that a court can rule upon. Among…