Maryland Divorce Lawyer Blog

What Can Be Done When the Judge in Your Maryland Child Custody Case Oversteps Their Authority

September 29, 2020 | by Anthony A. Fatemi, LLC

When you have to go to court in a divorce or child-related case, there are countless reasons why it pays to have quality legal representation from a skilled Maryland family law attorney. One of these comes up when something happens that causes you to question, “Can the judge really do that?”

If you have no counsel, you may be inclined simply to accept it, because the judge is the judge after all, and (you assume) can mostly do what he/she wants, right? On the other hand, an experienced attorney knows there are limits to a judge’s power in making his/her orders, knows when the judge has overstepped and knows what to do when that takes place.

Here’s an example of how it can happen. A recent case heard by the Court of Special Appeals pitted a father against a mother on the issue of child custody. The parents had engaged in “nearly continuous litigation” for almost a decade. After a five-day trial in 2018, the trial judge hearing the parents’ case ordered the parents to complete two mediation sessions before either could file any future motions for modification of custody.

How the Law in Maryland Can Protect You (and Your Kids) When The Children You’re Raising are Neither Your Biological Nor Adopted Children

September 15, 2020 | by Anthony A. Fatemi, LLC

As anyone with children knows, the relationships you have with your children are about much more than just shared DNA. Just because a child you’re raising is not “yours” in the biological sense does not diminish the bond you share, the responsibility you feel for her well-being or the value that your care provides to her. Recognizing that, the law in Maryland allows people who are not biological parents to go to court and, if they have the right evidence, demonstrate that they are something that the law calls a “de facto” parent, which gives them an equal footing with that child’s other legal parents. If you are raising a child that is not biologically yours, you need the right Maryland family law attorney when it comes time to make those kinds of “de facto parent” arguments and protect your relationship in a court of law.

Some of Maryland’s earliest cases establishing de facto parenthood related to same-sex couples with children, especially those who were not married and where only one parent had a biological tie to the child. As the law has recognized, however, de facto parenthood extends to more than just families involving gay or lesbian parents.

Take, for example, this case from Prince George’s County. In the case, the two children were the biological offspring of D.D., the father, and E.N., the mother. The parents lived together until the father was imprisoned for drug crimes.

My Ex-Spouse Has Sole Custody of Our Son, But He Moved Out When He Was 17. What Can I Do About My Child Support Payments in Maryland?

August 28, 2020 | by Anthony A. Fatemi, LLC

Most people know that a parent who owes child support owes that obligation until the child turns 18 (or 19 if the child turned 18 while still in high school,) unless a court order terminates that obligation at some earlier point. Many families in which one parent owes an obligation of support may experience substantial life changes during those years and, sometimes, those changes may occur when the child is 17. In those situations, you may wonder, what can I do if I can’t get a court date before the child’s 18th birthday? Fortunately, the mere fact that your child turned 18 before your court hearing does not automatically deny you the right to get a modification that relates to the support you paid before the child turned 18. To make sure that you are approaching your case properly to get what you deserve, be sure you have obtained legal representation from a knowledgeable Maryland family law attorney.

A recent case that originated in Montgomery County offers an example of what a supporting parent can do. The parents, Y.B. and M.K., were married for two months when the wife filed for divorce. On Aug. 24, 2001, M.K. gave birth to the couple’s only child, a son. By the fall of 2018, the father had sole legal and physical custody of the son, and the mother paid child support.

In November 2018, the son began living outside the father’s home, staying with various friends. The mother, in turn, went to court in early 2019 to seek a modification of child custody and her child support obligation. However, the case did not come for a hearing right away and, in fact, when the son turned 18 in August 2019, the case was still pending.

What to Do When Your Ex-Spouse Seeks to Introduce ‘Improper, Immaterial, Impertinent or Scandalous’ Material into Your Family Law Case in Maryland

August 14, 2020 | by Anthony A. Fatemi, LLC

Divorce and divorce-related legal cases often involve deep-seated emotions. They are cases that intertwine the coldly legal and the intensely personal. Those truths can sometimes lead your ex-spouse to try to bring into your case things that, while perhaps important to him personally, are not important legally to resolution of the issue that brought you into court. When that happens, you need the skill and knowledge of an experienced Maryland family law attorney on your side to help you get those irrelevant things excluded from your case and, when necessary, placed under court seal.

E.O. was a Prince George’s County wife who had that kind of problem in her case. In 2018, E.O. and her husband received a divorce. The court also adjudicated issues of child custody, visitation, child support and alimony.

After the court issued the judgment of divorce, the spouses filed several post-judgment motions. On several of those, the husband included photographic “support” as attachments to his filings. Those photographs displayed dried blood stains within the couple’s home. The husband’s argument was that this blood was proof that E.O. had attempted to perform an “at-home abortion,” that this pregnancy and abortion were proof of E.O.’s adultery.

New Maryland Court Rules Require Parents to Complete a Parenting Plan: What that Means for You in Your Custody Case

July 28, 2020 | by Anthony A. Fatemi, LLC

Each state has its own laws regarding child custody and those laws get minor updates periodically. Less frequently, though, a larger change takes place. Maryland, for example, now has a requirement that each set of parents must complete something called a parenting plan. What, you may wonder, is a parenting plan and how will it impact me and my child(ren)? For answers to those questions and more, and to make sure you end up with a parenting plan that fully protects — and fosters the continued growth of – your relationship with your children, retain a skilled Maryland family law attorney.

2020 is the first year that Maryland has required parenting plans in custody cases. According to the judiciary, a parenting plan specifically is considered to be “a written agreement describing how people, called parties, will care for and make decisions about their child(ren).” In other words, it is an agreement, mutually reached by the child’s parents, that lays out exactly how decision-making and other care-related responsibilities will be handled between the parents.

Many parents may think of this as an equivalent of a “custody agreement” and, therefore, may think it’s as simple as something like, “Joint legal custody, with the mother having primary physical custody and the father to have every other weekend, spring break and summer vacations,” or like “Joint legal custody and 50-50 physical custody, with each parent having the child for alternating two-week periods.”

How Having the Right Maryland Family Law Attorney Can Help if You Experience a Sudden Emergency that Affects Your Case

July 16, 2020 | by Anthony A. Fatemi, LLC

There are an absolutely enormous number of reasons why having a skilled family law attorney representing you is better than going it alone. You can probably think of a few… or maybe several. One of the ones that may not have occurred to you is when you have a sudden emergency that prevents you from attending your regularly scheduled court hearing. If you have no attorney and you no-show, the results can be disastrous, as a recent case from Montgomery County demonstrated. On the other hand, a skilled attorney who is representing you will know the best way to go about notifying the court of your emergency and taking other essential action on your behalf, such as requesting a continuance and a rescheduled future date for the hearing, thereby saving you from the disaster of having no one present to speak for you.

S.T. and M.L., the couple in the Montgomery County case, divorced in 2013. They agreed to a voluntary separation and property settlement agreement that dictated that the husband make several payments each month. After the husband allegedly failed to make certain required payments, the wife went back to court in 2018 seeking an order holding the husband in contempt.

In late December 2018, the spouses went before a magistrate and had a merits hearing. (To give you a little background about Maryland court procedure, certain cases go before a magistrate before a judge considers them. A magistrate will hear evidence and will file a “report” in which he/she makes findings of fact and also makes a recommendation to the judge.)

Approaching a Maryland Child Custody Case When Your Child’s Other Parent Has Drug, Alcohol, Mental Health or Other Personal Issues

July 6, 2020 | by Anthony A. Fatemi, LLC

The scenario is a familiar one for a lot of people. You meet someone and fall in love. Your partner has issues, but you rationalize them away. “She’s not perfect, but who is?” or “He’s got his problems, but I can change him,” you might say. So you get married and have kids. Then the relationship breaks down and you are confronted by your spouse’s issues… be they alcohol, drugs, mental health, domestic abuse or something else. You’re also confronted by the fact that, at this point, your primary goal needs to be protecting your children. When that happens to you, make sure you’ve retained an experienced Maryland family law attorney to ensure that you’re doing everything properly to use the legal system for the maximum protection of your children.

C.W. was one of those parents with that kind of family law problem. He and his wife, T.T., had a child together shortly after they wed. After the marriage, the wife began displaying anger management issues. She also resumed contact with an ex-boyfriend who had a history of abusing heroin and abusing T.T.

After the marriage broke down, a custody battle ensued. During that custody case, the father wisely had an attorney the entire time. At the court hearing, the father’s attorney put on multiple witnesses, including T.T.’s former work supervisor. In that hearing, the husband was able to present evidence that the mother had moved seven times in the preceding five years, including West Virginia, Maryland, Virginia, Pennsylvania and Utah.

My Spouse and I Entered into a Civil Union in Another State, But Never Married. Can We Get Divorced in Maryland?

June 18, 2020 | by Anthony A. Fatemi, LLC

Sometimes, people assume that all of the potential complications and challenges faced by long-term committed same-sex couples ended when the U.S. Supreme Court made its decision in Obergefell v. Hodges in June 2015 that established marriage equality in all 50 states. That, of course, is far from always being true. If you’re a same-sex couple — especially if you’re a same-sex couple seeking a divorce –- there are still many potential hurdles that may be in your way. If you and your partner entered into a civil union and not a marriage, those hurdles can be even more numerous. However, with the help of an experienced Maryland family law attorney, you can get the divorce you need, whether yours was a civil union or marriage, and whether it happened in Maryland or out of state.

M.R. and S.S. were a gay couple who faced some of those exact hurdles in their divorce case recently. The men entered into a civil union in Vermont in 2003. They eventually moved to Montgomery County but, even after same-sex marriage became legal in Maryland in 2013, they never married.

By 2018, the relationship had broken down and S.S. filed for divorce in Montgomery County. S.S. sought as part of his divorce action, an award of alimony, an award of child support, property division (including a monetary award,) along with custody of the couple’s two children.

When You Can Get Your Maryland Divorce Case Reopened to Seek a Recalculation of Child Support

May 27, 2020 | by Anthony A. Fatemi, LLC

If you are familiar with child support, then you know how important proof of the parents’ actual incomes is. That’s because, in most situations, the court will base the amount of support on the parents’ actual current incomes unless there is substantial proof (and a finding from the judge) that a parent is voluntarily avoiding working (or voluntarily avoiding earning what he’s capable of earning.) Those latter two scenarios are called “voluntary unemployment” and “voluntary underemployment,” respectively, and if you think that your child’s parent has engaged in either, it is essential to consult a skilled Maryland family law attorney so that he can assist you in getting a court order that sets support at a fair amount.

The law allows the court, if it finds that a parent is voluntarily unemployed or underemployed, to “impute” income to that parent. Imputing income means that the court calculates child support based, not on the parents’ actual incomes, but on the voluntarily underemployed/unemployed parent’s imputed income and the other parent’s actual income. For example, consider a hypothetical couple where the father was an experienced attorney making $250,000 per year, and the mother was a pediatrician who, during the divorce, voluntarily left her $200,000-per-year practice to become a preschool teacher making $40,000 per year. In that case, the court might set support at the amount consistent with what the guidelines dictate for a supporting parent making $250,000 and the residential parent making $200,000 (or something close to it.)

Sometimes, though, a parent’s low ebb (in terms of income) is not voluntary but is completely beyond his control. When it happens that your ex-spouse experiences an uncontrolled low ebb in his income right around the time of your divorce, does that mean that you are just out of luck? As one recent case from Annapolis demonstrates, the answer clearly is “No, you’re not!”

My Spouse and I Signed a Separation Agreement in Maryland, Then Reconciled. Now We’re Getting Divorced. What Happens to Our Agreement?

May 14, 2020 | by Anthony A. Fatemi, LLC

There are countless ways that an experienced Maryland family law attorney can help you in your divorce case, whether your case is straightforward or complex. If your situation is “unconventional,” it may require an especially in-depth and nuanced understanding of the law in order to get you to a positive outcome. A skilled attorney can give your unconventional circumstance the legal knowledge and insight it needs.

J.L. and L.L. were an Anne Arundel County couple whose marriage “was, by all accounts, rather unconventional,” according to the Court of Special Appeals. They married in 1988, but separated a few years later. They worked out a separation agreement in the summer of 1995. However, sometime after signing that document, the pair would resume living together and would continue living and working together on an on-again-off-again basis for several more years.

The wife eventually filed for divorce in 2015. In her divorce filing, the wife asked the judge to enforce the settlement agreement the spouses created in 1995. The husband asked the judge to throw out the separation agreement, arguing that the couple had reconciled after their initial separation and that their reconciliation rendered the agreement unenforceable.