The end of a relationship can be difficult, regardless of whether the couple was married or not. This is especially true when the couple shares a child. Even though the couple won’t need to file for divorce, they’ll still need to consult a child custody lawyer in the Owings Mills area regarding custody, visitation, and support agreements. It is possible, though not always practical, for unmarried ex-partners to make parenting agreements without going to court.

Identify the custody and visitation issues that must be resolved.

There are many more issues that must be agreed upon other than the type of child custody you’ll have. Consider these questions regarding common child custody issues:

• Which parent will the child primarily live with?
• When will the other parent spend time with the child?
• Will there be overnight visitation?
• Who is responsible for picking up/dropping off the child?
• Will either parent be able to call the child at any time?
• With whom will the child spend holidays and school vacations?
• Will either parent be able to move out of the area?
• How will household rules remain consistent across houses?
• Who will make major decisions for the child’s upbringing?

A solid parenting agreement is one that is specific and easily understood. It’s best to make major decisions ahead of time, but both parents should know that a little flexibility is also important. For instance, a parenting agreement might not specify that visitation time might be canceled if the child has a stomach flu, but if the parents are reasonably flexible, they can adjust their plans to suit the child’s needs.

Agree about the child’s support.

A family lawyer can help you calculate a reasonable child support payment based on state guidelines. This may help prevent disputes about paying too much or not enough. In the support agreement, be sure to specify the amount, frequency of payment, and form of payment (check, cash, etc.).

Establish an avenue for change.

It’s normal for parenting and support agreements to change over time, whether or not a court established them. As the child grows older, his or her needs and preferences will change. It’s a good idea to have a written agreement with your ex to meet at least annually to discuss whether there are any new issues that must be resolved. Some problems may arise before your planned annual meeting. Consider setting guidelines for how you and your ex will manage disputes. A proactive mindset may help you avoid court in the future.

Even if you and your ex have a rock solid child custody agreement, it’s virtually inevitable that some moments of tension will occur. With a joint type of child custody , parents will likely have to meet each other briefly to exchange the child. You and your ex might not look forward to seeing each other again, but it’s crucial to keep the exchange as neutral and conflict-free as possible. Remember that kids easily pick up on tension, and they are apt to be psychologically harmed by it. If you’re still going through the divorce, consider talking to a family lawyer in Owings Mills about specifying the details of the exchange in the parenting agreement.

Understanding the Child’s Best Interests

For a child exchange to be conflict-free, it’s essential that both parents be on the same page about the best interests of the child. When the exchange is contentious and stressful, the child becomes anxious about each exchange, less able to enjoy spending time with either parent, and more likely to suffer from damage to self-esteem. Remember that children of divorce tend to feel significant guilt. When they see their parents fighting, they often blame themselves. Your child needs emotional stability, and only you and the other parent can provide it.

Communicating with Alternative Methods

You may need to have your family lawyer include provisions in the parenting agreement that spell out acceptable methods of communication between parents . Phone calls can be tricky when the relationship is contentious. Written communication, such as emails and texts, may be best, although phone calls will still be needed for last-minute changes in plans. By agreeing to communicate about important matters before or after the exchange—not during it—both parents can reduce the risk that a conflict will affect the child.

Adjusting the Child Exchange Method

Sometimes, despite the best intentions of the parents, child exchanges become less than harmonious. It may be best to adjust the method of the exchange before the child becomes significantly affected. Email the other parent and tell him or her that you’re concerned about the emotional well-being of your child, and would like to explore the possibility of adjusting the exchange. It may be possible to have another responsible adult with a valid driver’s license provide transportation for the child, such as the child’s grandparent or stepparent. If this isn’t possible, then consider doing the exchange in a public parking lot. Both parents could stay in their own cars and supervise the child as he or she walks from one car to the other.

Under divorce law in Maryland, spousal desertion is one of the grounds for a fault-based divorce . If you think you may have been legally deserted or you’re considering leaving the marital home, it is highly advisable to speak with a divorce lawyer in Owings Mills. Your family lawyer can determine whether your situation meets one of the two legal definitions of spousal desertion in Maryland. The state recognizes two types of desertion: actual desertion and constructive desertion.

Actual desertion occurs when one spouse leaves the marital home or when one spouse ejects the other spouse from the marital home. This means that it’s possible for you to commit spousal desertion even if you did not actually leave the home. Constructive desertion occurs when the mistreatment of one spouse by the other compels the mistreated spouse to leave the marital home. In this case, the spouse who mistreated the other would be considered the deserter. When spousal desertion is used as grounds for divorce, the court can take it into consideration when issuing rulings on property division and spousal support.

One of the most contentious aspects of divorce law is child custody. It’s common for parents to have trouble working together, long after a judge hands down a ruling on the type of child custody they will have. Since future conflicts are almost inevitable, it’s best to take a proactive approach. Parents can be proactive about handling child custody problems by becoming knowledgeable about child custody laws in Owings Mills, and by keeping the phone number for their family lawyers close at hand.

Visitation Denial

Denied visitation is one of the most common—and most serious—child custody issues. Custodial parents sometimes deny visitation if the other parent is late with child support or alimony. Perhaps less commonly, parents with visitation rights may decide to purposely withhold child support or alimony in an attempt to barter more visitation time with the child. Neither situation is legally allowed, nor is it healthy for the child. It’s important to remember that, legally speaking, child support and alimony are completely separate issues from custody and visitation. If the other parent has refused to transfer the child for your court-ordered visitation, you should document the problem, call your family law lawyer, and perhaps file a petition with the court requesting that your visitation rights be enforced.

Child Transfer Tardiness

For busy parents, running a few minutes late now and then is to be expected. But when a parent consistently runs late when he or she is supposed to pick up a child for visitation, this may have harmful psychological effects on the child. Sometimes, the best course of action for this problem is to simply chat with the other parent about the schedule. Avoid being argumentative or confrontational, but do point out the effect the tardiness has on the child. Perhaps the two of you could make a few simple scheduling changes to avoid this problem in the future.

Legal Custody Disagreement

Joint legal custody means that both parents have a say in the major decisions for a child’s upbringing, such as the child’s education, healthcare, and religion. It isn’t always easy for parents to come to a consensus on these issues, but it’s important to maintain civility in your conversations. Perhaps there’s an underlying reason why the other parent constantly challenges your suggestions. The other parent may feel that he or she doesn’t get enough time with the child, for instance. In this situation, professional mediation can help.

Even after a divorce has been finalized, you can expect to continue communicating with your ex-spouse if you share children with him or her. For the sake of your children, it’s essential to keep your interactions with your ex civil, especially when the children are within earshot. If your divorce is still pending, consider talking to your family attorney in Owings Mills about designing the parenting plan to include preferred communication methods. For example, your family lawyer could specify that it is the responsibility of each parent to keep each other informed about any changes in the children’s school schedule, extracurricular activities, and health.

For some helpful tips on overcoming communication problems, watch this interview with a family therapist. She suggests treating the relationship with your ex just like a business relationship; you can be cordial with your ex even if you do not enjoy being in his or her presence. It’s also crucial to avoid using your children as messengers between you and your ex; instead, speak or text directly with your ex.

Child custody agreements are one of the most difficult parts of negotiating a divorce settlement. As your family law attorney in Owings Mills can tell you, there are many decisions that have to be made, from where the child will live to who gets to see them on the holidays. Here is a look at some of the child custody issues that are part of most cases.

Non-Disparagement Clauses

In contentious divorces, parents frequently have concerns—often for good reasons—that their ex-spouse will speak badly about them to the children. Fears over this kind of damaging behavior have led to non-disparagement clauses being added to child custody agreements. These clauses can vary greatly depending on the needs of the family, but in general, they are written to ensure both parties agree to avoid saying or doing anything that could affect the relationship between the ex-spouse and the children. In some cases, non-disparagement clauses also prevent this kind of behavior towards other family members, or even towards new spouses should a future remarriage occur.

Holidays

When families split up, holidays naturally become an issue. Unless parents agree to continue to spend major holidays together, they will need to divide up this time as part of the custody agreement. Some families agree to a set schedule, while others decide to rotate major holidays. Whatever the agreement it is, it is helpful to consider these questions during the custody negotiation process rather than waiting for a holiday to approach.

Expenses

A child support agreement will be part of most custody cases, but what about expenses that go above and beyond those costs, such as summer camps, braces, and school trips? When children have a need or an opportunity that represents an additional expense, will both parents need to agree and split the costs, or can one parent make the decision and either cover the entire cost or still ask the other parent to contribute financially? Many expenses that go above and beyond basic child support will arise during co-parenting, so it is helpful to have a framework to rely on when they occur.

When one parent is paying child support, he or she often wonders if it’s necessary to continue to pay when the children are staying at his or her house. For instance, if the children spend the summer with the non-custodial parent who pays child support, is it necessary to keep making payments during that time? Questions like these can be discussed with your family law attorney in Owings Mills , who can help you understand your rights to modify child support agreements.

Child support cannot be discontinued without a court order. Child support law requires that payments be made continuously, even when the children are staying with the parent making the payments. This is because the other parent still must maintain the household for the children to return to when any visit is over.

Your child support attorney can help you consider whether a modification could be appropriate for your case—for instance, if your earnings have changed after your divorce. Never adjust child support on your own without a court order, as you could face legal trouble over back payments.

During a divorce, issues such as child custody and child support payments are determined with the help of your lawyer in Owings Mills . However, when a child’s eligibility for child support has ended, the parent responsible for such payments can petition to terminate the obligation for continued support under Maryland child support law.

If you wish to terminate child support, you must file a court form that states the reason why the support is no longer necessary. These reasons can include the child’s age, marital status, or even his ability to self-support without additional financial assistance. You can find out more about the process of terminating child support mandated by your divorce agreement and how your family attorney can help you if your former spouse or child dispute your request by watching this short video.

Child support is one of the many issues that will be negotiated by your divorce lawyers in Ownings Mills when you end your marriage, but the agreement only works when the responsible party pays. What happens if child support payments aren’t made after divorce? Watch this video to learn more.

Child support agreements can be enforced through a court hearing in which your child support attorney can demonstrate that the payments are missing and your ex-spouse has an opportunity to show why he or she is not making payments. Child support groups also exist in each state to enforce child support law. Consult with your divorce attorney before pursuing any action to determine the best strategy for enforcing your support agreement.

Since child support guidelines vary from state to state, Maryland parents are advised to consult family court attorneys regarding child support issues in Owings Mills. Divorce law requires family courts to develop child support orders in light of certain factors, such as the actual monthly income and adjusted income of each parent. The court will also consider child care expenses, health insurance costs, and extraordinary medical expenses of the child.

Hear more about divorce law as it applies to child support by watching this video or consulting your family attorney. This video explains that the court may consider the disparity in standards of living between households and the total number of children that the parents are responsible for supporting.