Maryland Divorce Lawyer Blog

Maryland Court Decides Child Custody Issue Involving Special Immigrant Status

August 17, 2015 | by Anthony A. Fatemi, LLC

Maryland courts review virtually every request in a child custody case in accordance with the “best interests of the child” standard. Judges seek to protect the well-being and general welfare of children brought before them, no matter the circumstances. In some cases, courts will intervene when a child is being neglected by his or her parents. In fact, state law protects children from “neglect,” which is legally defined as “leaving a child unattended or other failure to give proper care and attention to a child by any parent . . . under circumstances that indicate (1) that the child’s health or welfare is harmed or placed at substantial risk of harm.” In order to properly understand your rights in any child custody case, during a divorce or separation proceeding, it is important that you contact an experienced Maryland family law attorney as soon as possible.

Child custody cases take many different shapes and forms. In some unique situations, a child may be a citizen of another country but in the United States and in the care of a family member other than a parent, in order to avoid neglect. When this happens, courts may be called upon to determine whether it is in the child’s best interests to be reunited with the parents. In some instances, the court could determine that reunion is not a viable option due to neglect.

Maryland Court Asserts Personal Jurisdiction Over Non-Resident Putative Father in Child Custody Case

July 29, 2015 | by Anthony A. Fatemi, LLC

Most states have enacted uniform laws that govern child custody and support issues. Such uniform provisions serve to provide “systematic and harmonized approaches” to family issues that require immediate attention when the parents live in different states or countries. Since such parents live in different states or nations, the first issue that must be resolved is whether the court has proper jurisdiction over the person to handle the child custody or support dispute.

The governing statutory frameworks are: 1) the Maryland Uniform Child Custody Jurisdiction and Enforcement Act, or the UCCJEA, and 2) the Maryland Uniform Interstate Family Support Act, or the UIFSA. These statutes do not contain uniform provisions on jurisdiction, and in some cases courts are called upon to sort through the discrepancy. If you are facing a child custody or support matter of any kind, it is important to contact a Maryland family law attorney to find out how the law can affect your case.

Maryland Court Upholds Marital Agreement Dividing Pension Benefits

July 15, 2015 | by Anthony A. Fatemi, LLC

Under Maryland law, “marital property” is a term used to identify property that was acquired during the length of a marriage. In contemplation of divorce, spouses often seek to divide up marital property by virtue of a settlement agreement. Under Section 8-105 of the Maryland Family Code, courts have the power to enforce the provisions of such agreements. The statute provides that a settlement agreement that has been incorporated, but not merged into the final decree, may be enforced as a judgment or as an independent contract. It is important to understand how these legal rules can affect your divorce proceeding. For assistance and guidance on how to prepare and present your case, you are encouraged to contact a local Maryland divorce attorney as soon as possible.

In a recent divorce case, a Maryland court of special appeals was confronted with a dispute over the terms of a settlement agreement purporting to divide the couple’s pension and retirement benefits. Here, the couple got married in 1989 and separated in 2006. The wife filed a complaint for absolute divorce in 2008. In February 2009, the husband filed a counter-complaint for absolute divorce, custody and other relief. On July 30, 2009, the court issued a judgment of divorce, incorporating the parties’ agreements – resolving all remaining issues. As part of this judgment, the court referenced the parties’ agreement concerning all of the property issues related to this case, which included a division of the couple’s pension interests.

Approximately a month later, the military informed husband that he would be relieved of duty and afforded “retired pay” that would be calculated based upon a 60% disability rating. In January 2010, the trial court issued a Marital Property Consent Order, which identified the parties’ agreement regarding the division of marital property, namely that wife would be entitled to 50 percent of the marital property portion of husband’s monthly pension. Throughout a series of court proceedings, wife argued that husband was in contempt for failing to divide his military pension. Husband argued that he was now only receiving disability payments, which are not subject to division under federal law.

Same Sex Marriage and Divorce Making News Around the Country

June 26, 2015 | by Anthony A. Fatemi, LLC

As the nation awaits the United States Supreme Court’s imminent and historic decision on same sex marriage, other courts in the country are addressing issues of particular importance to same sex couples: can they get divorced? Since states draft and enact their own laws governing marriage and divorce, the landscape throughout the country varies a great deal from place to place. A same sex couple who marries in a state where it is legal may find some difficulty obtaining a divorce from a state that does not recognize the union. Divorce laws serve to protect the parties’ rights throughout the process and going forward, once the couple separates. If you are considering a divorce, whether from a same sex marriage or not, it is vitally important that you contact a local Maryland divorce attorney who can guide you through the process while seeking to protect your financial and legal rights.

In a very recent divorce case, the highest state court in Texas ruled that the State Attorney General (“AG”) could not stop the divorce of a same sex, Texas couple who were married in Massachusetts. Essentially, the court held that the AG did not intervene in a “timely manner.” Here, the parties were married in 2004 in Massachusetts. However, several years later a Texas district court granted the couple’s divorce. The AG later attempted to intervene in the case and stop the divorce. In 2011, a court of appeals in Austin concluded that the attorney general’s office did not have standing to appeal the divorce between two state residents. On appeal, a majority of the highest state court agreed, avoiding the crux of the issue by pointing out that the decision was limited to whether or not the AG’s office’s effort to intervene was timely.

Maryland Court Reviews Juvenile Court Custody-Related Order

June 16, 2015 | by Anthony A. Fatemi, LLC

When parents separate or decide to divorce, they must be prepared to address and hopefully resolve many important issues, such as child custody and visitation. In an ideal situation, both parents will agree on an arrangement that suits the best interests of the child. However, under Maryland law, either parent may petition a circuit court for custody of a child, and if the parties do not agree about who should have custody, the court will make the determination and grant sole or shared custody. Each custody case is unique. In some extreme cases, the court must step in to take a child out of the biological parent’s custody, with the hope of eventually reuniting the family members. No matter what your child custody case involves, it is extremely important to protect your rights. Parents are encouraged to consult with an experienced family law attorney from the very outset.

In a recent Maryland custody case, In re: Andre J., the juvenile court determined that the then eight-year-old was a “child in need of assistance” (or “CINA”). The child had significant intellectual disabilities. The local Department of Health and Human Services (the “Department”) filed a petition with the court alleging that the mother neglected Andre and his siblings, and that she was unable to provide her children with proper care and attention. He was removed from his mother’s custody and care and placed in a foster care arrangement. The court established something known as a “permanency plan of reunification” with his mother and granted her visitation. Andre reportedly thrived in his foster home under the care of a special education teacher.

Maryland Family Law Governs the Enforcement of Child Custody Orders

June 1, 2015 | by Anthony A. Fatemi, LLC

When a couple decides to file for divorce, there are many difficult issues to address and hopefully reconcile in a mutually agreeable manner. Of the challenging topics to resolve, child custody is often considered the most emotionally charged arrangement to settle. In most cases, both parents hope to spend as much time with their children after the marriage ends, as before. Under the best case scenario, the parents will agree to the terms in an amicable way. This serves the best interests of the children and helps to move the process along smoothly. But there are cases in which one or both parties are unhappy with the ultimate custody order and may seek to challenge or modify the court’s decision. If you are considering a separation or divorce from your spouse, it is important to understand how the local laws may affect your family’s rights. The best course of action is to contact an experienced Maryland family law attorney as soon as possible.

According to a widely publicized national news story, former Gossip Girl star Kelly Rutherford has been in a protracted battle with her ex-husband over the custody of their two children, now ages eight and five. She lives in California, and he lives in France. In 2012, a California judge ruled that the children would live with their father in Europe because his visa had expired and he was not permitted to travel to the United States. At the time, the court reasoned that there was no other way for the father to see his children.

Maryland Court Reviews Wife’s Request for Certain Pension Benefits in Divorce

May 14, 2015 | by Anthony A. Fatemi, LLC

Couples who file for divorce have an opportunity to prepare a settlement agreement that will address and resolve all issues arising out of their marriage. This means that they may divide up the marital property in a manner suitable to both parties. Once a court issues the final judgment of divorce, this agreement may be included in the record, and the judgment will contain its terms. Under Maryland law, spouses may identify and allocate “pension benefits” as part of the settlement agreement. Like many aspects of a divorce proceeding, this phase is governed by case law and statutory provisions. In order to adhere to these laws and protect your financial interests in divorce, it is imperative that you contact an experienced family law attorney from the Maryland area.

In a recent case, Pulliam v. Pulliam, the divorcing couple disputed whether their settlement agreement and consent judgment incorporated a voluntary Deferred Retirement Option Program (“DROP”). Here, the parties married in 2005 and filed for divorce five years later in 2010. During the uncontested divorce hearing in 2012, the couple placed their settlement agreement on the record. Pertinent to this case, the agreement addressed the husband’s membership in the Law Enforcement Officers’ Pension System (“LEOPS”). Under the terms of the agreement, which purported to resolve all issues arising out of their marriage, the wife was entitled to one half of the “marital share” of the husband’s entire pension benefit. In March 2012, the court entered a judgment of absolute divorce and included the parties’ agreement as part of the order.

In August 2013, the wife moved the court, seeking an Eligible Domestics Relation Order (“EDRO”) because the husband refused to sign the order. Essentially, the wife was seeking to include the DROP benefits as part of the husband’s pension, of which she would be entitled to a share. The husband opposed the motion, arguing that at the time of the divorce, he was not even eligible to participate in the DROP program. The trial court concluded that the DROP benefits were to be considered retirement assets within the meaning of the EDRO. The husband appealed.

Maryland Court Reviews Issue of Paternity in Child Support Case

May 1, 2015 | by Anthony A. Fatemi, LLC

State courts take very seriously the issue of child support in any family law proceeding. Certain local agencies even have the authority to file a complaint against a party who has not met his or her obligation to make child support payments under a court order. This authority serves to protect the financial interests and overall well-being of a child, who is unable to advocate for him or herself. In most cases, it is clear who is obligated to make such payments: one or both of the child’s parents. But there have been cases in which the issue of “parentage” or paternity has come into question, resulting in a further question as to who is obligated to financially support the child. If you are facing any family law issue, including child custody or support matters, it is important that you contact a local Maryland attorney who is fully experienced in the field.

Establishing paternity is the first step to securing a child support order. In a recent Maryland family law case, Davis v. Wicomico County Bureau of Support Enforcement, the local agency sought to enforce a child support order issued against the “father,” Justin Davis (appellant in this case). Here, the mother, Jessica Cook, gave birth to twins in December 2009. Shortly after the birth, both parties, Davis and Cook, signed affidavits of parentage, attesting that Davis was the “natural father” of the twins. They were given his last name.

New York Court Rules Wife May Serve Husband with Divorce Summons Via Facebook, Offers Interesting Commentary on Intersection of Law and Technology

April 28, 2015 | by Anthony A. Fatemi, LLC

A spouse who seeks to initiate a divorce proceeding must properly serve the other party with notice in accordance with local state law. It is important to understand the methods of service that are deemed acceptable in your jurisdiction. Otherwise, you may not be entitled to the relief sought. Most states have a system of courts, each with the authority to hear and decide certain types of disputes. In Maryland, it is the circuit court that handles family law cases, such as divorce and child custody and support matters. Keep in mind that the rules for service of process vary depending on whether you are filing a case in a circuit court versus a district court (which handles other kinds of matters). If you are considering filing for divorce in Maryland, it is important that you contact an experienced family law attorney as early in the proceedings as possible.

Service of process has been defined as the way a defendant receives court papers and notice about a court case. There are a few legally acceptable and effective ways to serve one’s spouse with divorce papers. These methods include: 1) by certified mail, restricted delivery (requiring the defendant to sign for the papers), 2) through the use of a sheriff or constable (for a fee), and 3) by private process (which may be a family member, friend, or a private process server). In many states, including Maryland, if a party has difficulty locating the person to be served, he or she may file a motion with the court asking for permission to find another acceptable way to serve the documents.

Maryland Senator Sponsors Bill To Amend Divorce Law

March 30, 2015 | by Anthony A. Fatemi, LLC

A common complaint among couples going through a divorce proceeding is the length of time it often takes to resolve and obtain a judgment of absolute divorce. One of the most common causes of a drawn-out process is inherent in the nature of a divorce: the couple’s relationship has deteriorated and the parties typically do not agree on the key issues to be resolved. And in Maryland, current state law adds to this already difficult situation by requiring couples to live apart for a full year before even applying for a divorce (under certain circumstances). One way to help move the process along more quickly is to seek the assistance of an experienced Maryland family law attorney, someone who understands these challenges and can foster a smoother and more efficient process.

Another potential factor that could reduce the length of time that parties must wait to receive a divorce judgment concerns the recent efforts by a Maryland State Senator to add a new ground to the Family Code: mutual consent. Senator Robert Zirkin introduced a Bill (SB 472) on February 6, 2015, that would authorize a court to decree an absolute divorce on the grounds of mutual consent under certain specified circumstances. The Bill would also authorize a court to merge or incorporate a settlement agreement into a divorce decree. And finally, the Bill would permit a court to modify or enforce a settlement agreement consistent with certain provisions of law.