• A Divorced Dad’s Guide to Co-Parenting

    Co-parenting is much more than just exchanging the kids for visitation. It’s the process of working collaboratively and amicably with your ex for the sake of your kids. Divorce experts tend to agree that co-parenting is the most effective way to raise kids who are well-adjusted and have healthy relationships with both parents, despite the parents’ divorce in the Owings Mills area.

    Watch this quick video for some helpful tips on successful co-parenting. You’ll learn the value of reaching out to professionals, like counselors and divorce mediators. You’ll also learn that child custody and visitation agreements might be modified as circumstances change and the children grow older. Always remember to prioritize the well-being of the kids, and set aside the personal feelings you have toward your ex.

  • Will Remarriage Affect Your Child Support Payments?

    In most cases, getting married again after a divorce will not affect a parent’s obligation to pay child support or the right to receive it. Since divorce-related laws do vary from state to state, you should consult a family law attorney near Owings Mills for legal guidance for your specific situation. If you are the noncustodial parent who is paying child support, you should not expect to have the payments increased solely because you remarried. Child support law doesn’t confer responsibility for the children to the new spouse.

    If you are the custodial parent who is receiving support payments, you should continue to receive the same amount as before you remarried, regardless of whether your household now has two incomes. Some custodial parents who remarry consider canceling the child support agreement altogether. However, it’s still the noncustodial parent’s obligation to provide for the children’s needs. If child support payments aren’t needed for daily expenses, they could be contributed to a college savings fund instead.

  • What Are the Custody and Visitation Rights for Stepparents After a Divorce?

    Stepparents, in general, have an undeservedly bad reputation, despite the fact that many of them form strong emotional bonds with their stepchildren, and invest considerable time and effort taking care of them. When a stepparent and biological parent divorce, it’s usually thought that the stepparent has no parental rights. However, divorce law in Owings Mills has been slowly catching up to the modern reality of blended families. Since child custody laws are subject to change, stepparents are encouraged to visit an attorney for the latest information about their legal rights.

    Determination of Standing

    A divorce attorney will first determine whether the stepparent has the right to have an issue heard by the court. This is known as standing. A court may decide to hear a stepparent’s case if visitation could be in the child’s best interests. The following factors may apply to the determination of standing:

    • Whether the child will suffer harm without visitation with the stepparent

    • The extent of assistance and financial aid provided by the stepparent for the child’s rearing

    • The duration of the stepparent’s parental role with the child

    • The degree to which the stepparent has held an active, significant role in the child’s daily life

    • The strength of the relationship between the child and the stepparent

    Award of Custody

    Divorce law presumes that it’s in the child’s best interests for the biological parent to retain custody, rather than the stepparent. However, there are some occasional exceptions. If both of the biological parents are found unfit to raise the child, the stepparent may be awarded custody. Parental fitness is determined on a case-by-case basis, but may be considered when any of the following factors apply:

    Of course, if both of the biological parents have died around the time of the divorce, then the stepparent will also be more likely to secure custody.

    Establishment of Visitation

    Although it’s challenging for a stepparent to get custody, he or she may be more likely to receive visitation. Visitation may be awarded if it’s determined to be in the child’s best interests. The court will consider whether an ongoing relationship with the stepparent will enhance the child’s quality of life.

  • Paying Taxes on Alimony and Child Support

    Divorce usually results in difficult financial situations, which your alimony lawyer in Owings Mills will help you sort through. You may also wish to consult an accountant when it’s time to file your tax return, instead of handling tax changes yourself. If you’re the parent with primary physical custody of the child, you’re entitled to receive child support. These payments do not have to be reported as income—you’ll receive them tax-free to defray the expenses of rearing your child. If you’re awarded alimony after the divorce , you will typically have to report these checks as income, and they’ll be subject to taxation.

    You might find yourself making alimony and child support payments after the divorce. In this case, your tax situation will be similar to that of your ex’s, only in reverse. You cannot deduct child support on your taxes in order to reduce your tax liability. However, you can usually deduct alimony payments, provided those payments are made in cash, rather than property. Additionally, alimony payments must be court-ordered if they are deducted.

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  • Tips for Parents from Children of Divorce

    Arguably, divorce is more difficult for the children than for the parents. When you make an appointment with a family law attorney near Owings Mills, take the time to also schedule a consult with a family therapist. Even if the children don’t go to the therapist with you, he or she can help you learn how to protect your kids from the most harmful aspects of divorce. Additionally, consider divorce mediation, which may help both parents co-parent more effectively.

    When you watch this video, you’ll hear directly from some children of divorce. They explain what they wish their parents knew when they were getting divorced. Some of their recommendations include: Never argue in front of the kids, never ask the children to pass messages between parents, and never use the children as leverage against the other parent.

  • Why You Shouldn’t Try a DIY Divorce

    No matter how simple your divorce might seem at first blush, things are rarely that easy when it comes to family law. Divorce lawyers in Owings Mills are intimately familiar with the many nuances of divorce, alimony, child custody, and child support laws. You can rely on your divorce lawyer to give you trustworthy guidance about your case and your options. If you do try a DIY divorce, you run the risk of making costly mistakes on the court paperwork, getting an unfair property division, and most importantly, losing the right to joint custody of your children.

    Hiring a lawyer gives you another key advantage: a buffer zone in court. Divorce cases are incredibly stressful. Even if you’ve appeared before a judge before, you’ll likely find it difficult to present your arguments effectively during such a high-stress time. Your lawyer is the liaison between you and everyone else involved in the case, including your soon-to-be ex-spouse and his or her lawyer.

  • Staying Safe While Divorcing an Abusive Spouse

    Despite the protections provided by domestic violence laws in Owings Mills, countless individuals have been victimized by the people closest to them. If you’re considering divorce and your spouse has committed violence or threats of violence against you, then your safety is your priority. Know that acts of violence can unpredictably escalate before victims are able to leave their abusers. Unfortunately, this has caused many victims—mostly women—to lose their lives before they can get away. Don’t wait for the situation to worsen before taking action—get the help you need today. domestic - abuse

    Contact the local police department.

    As soon as you are able, you should report the abuse to your local police department. Call 911 if you need emergency help. When you file the report, be as specific as possible. The report should reflect whether your spouse has an ongoing pattern of abusive behaviors. It isn’t enough to simply say that your spouse broke one of your ribs. To substantiate the case, you’ll need to specify exactly what your spouse did, and what you did during the incident.

    Consult a family court attorney.

    Your spouse may react violently if you tell him or her that you’re seeking a divorce. Instead of telling your spouse first, and then getting legal help, talk to an attorney right away. Your lawyer can provide guidance on obtaining a restraining order. In the meantime, if you do go back to the shared residency, ask your attorney not to call you at home. He or she shouldn’t call your cellphone, either, if your spouse might check your call logs.

    Get to a safe place.

    Even the most carefully planned arrangements can be derailed if your spouse becomes violent again. If you or your kids are in imminent danger, your only priority is to get to a safe place. Call 911, go to a hospital, or go to a relative’s or friend’s house if necessary. The nursing staff at any hospital can direct you to the confidential location of the nearest domestic violence shelter.

  • What Are the Custody and Visitation Rights for Stepparents After a Divorce?

    Stepparents in general have an undeservedly bad reputation, despite the fact that many of them form strong emotional bonds with their stepchildren, and invest considerable time and effort taking care of them. When a stepparent and biological parent divorce, it’s usually thought that the stepparent has no parental rights. However, divorce law in Owings Mills has been slowly catching up to the modern reality of blended families. Since child custody laws are subject to change, stepparents are encouraged to visit an attorney for the latest information about their legal rights. child - divorce

    Determination of Standing

    A divorce attorney will first determine whether the stepparent has the right to have an issue heard by the court. This is known as standing. A court may decide to hear a stepparent’s case if visitation could be in the child’s best interests. The following factors may apply to the determination of standing:

    • Whether the child will suffer harm without visitation with the stepparent
    • The extent of assistance and financial aid provided by the stepparent for the child’s rearing
    • The duration of the stepparent’s parental role with the child
    • The degree to which the stepparent has held an active, significant role in the child’s daily life
    • The strength of the relationship between the child and the stepparent

    Award of Custody

    Divorce law presumes that it’s in the child’s best interests for the biological parent to retain custody, rather than the stepparent. However, there are some occasional exceptions. If both of the biological parents are found unfit to raise the child, the stepparent may be awarded custody. Parental fitness is determined on a case-by-case basis, but may be considered when any of the following factors apply:

    • Incarceration
    • Abandonment
    • Child abuse or neglect
    • Other form of domestic violence
    • Substance abuse
    • Severe psychiatric illness

    Of course, if both of the biological parents have died around the time of the divorce, then the stepparent will also be more likely to secure custody.

    Establishment of Visitation

    Although it’s challenging for a stepparent to get custody, he or she may be more likely to receive visitation. Visitation may be awarded if it’s determined to be in the child’s best interests. The court will consider whether an ongoing relationship with the stepparent will enhance the child’s quality of life.

  • Who Gets to Keep the Pet When Couples Split?

    Along with child custody, the decision regarding who gets to keep the family pet is often the most contentious part of a divorce. If you can’t bear to think of life without your beloved pet, let your family attorney in Owings Mills know that your pet is your priority. You may have to compromise on other matters, such as giving up some of your share of the marital property.

    You can hear more about this complex issue by watching this featured video and consulting your attorney. You’ll hear an interview with Gail, a woman who recently filed for divorce and only requested retaining ownership of her faithful friend, Lucky. Although Maryland divorce law hasn’t caught up to the emotional realities of pet parenthood, the judge presiding over Gail’s case made an exception. He ordered Gail and her ex to share visitation time with Lucky.

  • When Can a Custodial Parent Relocate?

    Unless the other parent has been denied visitation rights because of domestic violence, it’s rarely an ideal situation for the custodial parent to move far away with the child. Children need ongoing, strong relationships with each parent for their healthy development and mental health. Before considering a long-distance move away from the noncustodial parent, custodial parents should speak with a child custody lawyer in Owings Mills. Noncustodial parents who have been advised of a possible relocation should also talk to an attorney as soon as possible. child - custody

    Providing Notice of the Relocation

    Custodial parents who wish to relocate must have their attorneys provide a written notice at least 90 days before the scheduled move. The notice must be filed with the family court, and delivered via certified mail, return receipt requested to the noncustodial parent. Under certain circumstances, it may be acceptable for the relocating parent to file the notice less than 90 days before moving, as long as the parent does so as quickly as possible and the move is necessary (i.e., for financial reasons).

    Agreeing to the Relocation

    Maryland child custody laws require relocating parents to provide notice regardless of whether the move will be within the state or across state lines. It’s possible that the noncustodial parent won’t object to the relocation if the distance isn’t considerable. If the noncustodial parent does agree to the relocation request, both parents can file their written agreement terms with the court.

    Objecting to the Relocation

    It’s common for noncustodial parents to object to long-distance relocations. They must do so within 20 days of receiving the notice. Their attorneys must file a petition that asks the court to block the relocation. Then, the court sets an expedited hearing date. It’s wise to have legal representation at this hearing.

    Issuing a Court Ruling

    During the hearing, the court will consider any available evidence, including testimony from both parents, before making a decision. Judges have broad discretion in deciding whether to allow relocations. The overriding concern is whether the move would be in the child’s best interests.