Maryland Divorce Lawyer Blog

An old saying by English author Alexander Pope theorizes that “a little knowledge is a dangerous thing.” In few places is that more true than in the law. Too many times, non-lawyers sincerely believe that they can pursue their case successfully on their own. They think that, by spending a little time with the Google or Bing search engines, they can equip themselves adequately to act as their own attorney in their Maryland family law dispute.

Very often, they are mistaken. The consequence of that mistake is often losing a case that, with the aid of skilled lawyer, might have possibly ended more favorably. With something as precious and valuable as your family at stake, why would you chance losing due to some statutory technicality, filing deadline or nuance of caselaw that you’d overlooked? Your family is too important, which is why you should be sure you retain a knowledgeable Maryland family law attorney to handle your case.

How can your case go very wrong on your own? A recent dispute addressed by the Court of Special Appeals offers a useful example. O.K. was a father in a dispute with E.L., his children’s mother. On a temporary basis, the court gave the mother sole legal and physical custody.

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When your marriage comes to an end, there are many things that must be resolved, one of which is custody of the children. In the past, you may have worked full-time outside the home to provide for the family financially while your spouse was a stay-at-home caregiver. Just because your spouse was the primary caregiver prior to the marriage’s end, that does not automatically mean that she is legally entitled to be the primary physical custodian after the divorce. The court must decide custody based on the best interest of the children and there is large list of legal factors the judge must look at, with past arrangements being only one factor among many.

In other words, if you desire to be your children’s primary physical custodian, do not despair just because your ex was a stay-at-home parent prior to the divorce. Instead, consult with an experienced Maryland family law attorney and learn more about how to pursue your goals in your case.

As an example of a case where the “stay-at-home” parent didn’t receive primary physical custody after the divorce, there’s the case of A.P. and J.P., who began divorce proceedings in 2017. The husband had been an active member of the U.S. Navy for more than a decade. The wife was very briefly employed during that time, but mostly stayed home to care for the children.

Sometimes, family court cases may require a heavy focus on the facts in order to resolve. However, that is not always the case. Some family court cases can turn on a party’s knowledge – or lack thereof – of the rules of court procedure. To be sure you’re in the best position possible, be prepared with representation from a skilled Maryland family law attorney.

As an example, there’s the recent case between C.C. and A.S. The pair were reportedly in an intense dispute regarding custody of their two daughters. The dispute escalated after the mother placed an app on each of the daughters’ cell phones that allowed her to monitor from a remote location the girls’ texts and social media posts in real time.

When the parents went to court in Queen Anne’s County, the mother was prepared to offer evidence regarding the content of certain texts between the father and the daughters. The father argued that the mother had violated Maryland’s Wiretap and Electronic Surveillance Act and asked the judge to exclude all of this text-message evidence. The trial judge sided with the father and kept all of the text-related evidence out of the trial.