How Motions Are Made and Opposed in Court
After a personal injury lawyer in Owings Mills files a lawsuit against a defendant , either party may make a motion. A motion is simply a document that asks the court to decide something, also known as issuing a ruling. For example, the personal injury lawyer for the defendant may file a motion to dismiss the lawsuit, which means to drop the case.
When you watch this video, you’ll hear the fictitious story of Patty and David. Patty sues David, whose lawyer then files a motion to dismiss. That motion is then substantiated by a brief that presents the reasons why the lawsuit should be dismissed. After this happens, Patty’s lawyer can file a brief that argues against dismissing the lawsuit.
An Introduction to Co-Parenting
As difficult as divorce can be for parents, it is far more disruptive to a child’s life. However, responsible co-parenting is a way to limit the negative effects of a divorce on children and help them adjust to the new arrangement. Talk to a child custody lawyer in Owings Mills about creating a parenting plan that is in the children’s best interests.
You can learn more about co-parenting by watching this video. This life coach clears up common child custody issues such as finding a mutually agreeable communication method with the other parent and getting on the same page with regard to chores, discipline, bedtime, and extracurricular activities. This life coach stresses the importance of never saying disparaging things about the other parent where the children can hear.
Recent Changes to Maryland’s Domestic Violence Laws
If you are a victim of domestic violence, you have the right to consult a family attorney in Owings Mills to discuss your legal rights and options. Your attorney can advise you of recent changes to domestic violence laws in Maryland , which took effect late in 2014. Prior to the passage of the new laws, Maryland had been the only state that required domestic violence victims to meet the standard of “clear and convincing evidence” before a protective order is granted. Now, your attorney must only show that there is a “preponderance of the evidence.” In other words, it’s easier for domestic violence victims to obtain an order of protection.
Another of the recent laws adds second-degree assault to the list of criminal offenses for which victims can request a protective order that is permanent in nature. Domestic violence victims should be sure to inform their family lawyer if a minor child was present during an act of violence. The third new law allows for enhanced penalties in these circumstances.
Preparing for Your Appearance in Family Court
Going to family court can be an intimidating experience, especially if it’s your first time. However, having a family attorney on your side will make all the difference. A family law attorney near Pikesville will advise you as to what you can expect from your day in court, how you can prepare, and how you should conduct yourself during the proceedings. Your family attorney will also likely review the details of your case with you and help you practice answering questions if you expect to give testimony.
In most cases, children should not be taken to family court. The exception is if the judge wishes to speak privately with the children. You can ask your family lawyer about this, but in most cases, it’s necessary to arrange childcare. To reduce your children’s anxiety, you can simply tell them that you have an appointment.
Talk to your attorney about the documents you should bring to the hearing. If you aren’t sure whether you should bring a particular document, err on the side of caution and bring it along just in case. For the average child custody case, petitioners and respondents might bring records of their correspondence with each other, logs of correspondence with the minor child and educational records such as report cards and progress reports. Records of correspondence with the child can help to either prove or disprove a parent’s continuous communication with the child and the ongoing parental relationship. Parents might also keep records of the visitation schedule with the child.
It should go without saying that attending a hearing in family court is a formal affair. Make a good first impression by dressing appropriately for the occasion. For men, a suit is always appropriate, but a shirt with a collar and a pair of slacks should be considered the bare minimum. Ladies may wear a pants or skirt suit, dark, non-patterned dress, or dress pants paired with a long-sleeved blouse. It’s best to avoid wearing flashy, skintight clothing, revealing clothing, sneakers, or open-toed shoes.
It’s possible that your hearing may not start on time. However, you should always arrive a little early. You’ll need to get your bearings, check in with the court officer, and get last-minute advice from your family law attorney.
Effective Communication Methods with Your Ex
Divorce law is complex, which is why it’s best to have a divorce attorney in Owings Mills on your side to protect your interests. Although divorcing spouses often want the case to be resolved as quickly as possible, it’s necessary to remember that divorce isn’t always a one-time issue; if you share children in common with your spouse, you’ll need to be able to communicate effectively with him or her for years to come. Making the divorce process as amicable as possible may help prevent contentious child custody issues in the future and it will certainly improve your communication with your ex.
Agree on a Method
The first step toward effective co-parenting is a matter of logistics: Deciding which communication methods you will use. It may be necessary to make a phone call or have a face-to-face conversation in some cases, but if your relationship with your ex is strained, then it’s best to use more impersonal methods whenever possible. E-mail is an excellent choice because it gives you time to choose your wording carefully before responding. Plus, you can save all of your received and sent e-mails in case they are needed for future litigation. Regardless of which methods you choose, you should never use a child as a messenger.
Keep Each Other in the Loop
Agree to keep each other in the loop. Tell your ex about the important things going on in your child’s life (e.g., school pictures, immunizations, and major temper tantrums) and ask that you be kept informed if something happens at the other parent’s house that you need to know about.
Avoid Putting the Kids in the Middle
Children need stability and support . Witnessing hostility between their parents can inflict real psychological damage on children that can have lasting effects. Make an agreement with your ex to hide disagreements from the kids and to never make disparaging remarks about the other parent in front of the children.
Use Professional Language
Perceiving your relationship with your ex as a business relationship can support effective co-parenting. Use courteous, professional language with your ex when speaking, texting, or e-mailing. After writing an e-mail to your ex, take a minute to reread it before you press “Send.” Make sure there are no word choices or stylistic selections that could be misinterpreted. For example, writing something in all capital letters could be interpreted as hostility.
Dealing with Child Custody Issues in Military Families
Although service to one’s country is invaluable, military families face incredible challenges. The strain of a lengthy deployment can often contribute to the breakdown of a relationship and a subsequent divorce proceeding. However, even in the absence of divorce, military families may need to consult a child custody lawyer serving Owings Mills. This is because the military mandates the creation of Family Care Plans for certain servicemembers.
Family Care Plans
A Family Care Plan is a document that establishes child custody arrangements; however, it is used by parents who are not divorcing. The military requires servicemember parents to have an official Family Care Plan under certain circumstances, such as when both parents are active duty servicemembers with children under the age of 19. This document details how care will be provided to the children in the event that one or both parents are deployed on a short-term or long-term basis. For example, during a short-term absence such as a week-long training program, the child might stay with a nearby aunt or uncle. For a long-term deployment, it may be more appropriate for the child to stay with a different relative, even if this relative lives farther away. Military Family Care Plans also designate a guardian for the child in the event of the death of the military parent. A family law attorney can help parents develop a Family Care Plan.
When military parents separate or divorce, relocations can be particularly tricky. Child custody is governed by state law, even for military families. This means that it is likely that the custodial parent will have to ask the court for permission to move with the child when that parent is transferred to a different post.
Child Custody Modifications
The Servicemembers Civil Relief Act (SCRA) gives military parents certain legal rights. When an active duty servicemember is deployed and the other parent files for divorce or a change in child custody, the active duty servicemember can obtain a stay of court and administrative proceedings. This stay postpones court proceedings for 90 days to allow the servicemember to be present. Sometimes, the judge may decide to extend the stay.
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