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.
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.
Tips for Estimating Your Child Support Payments
A child support attorney serving the Owings Mills area can estimate how much you can expect to pay, based on the state’s guidelines and your family’s finances. Unlike child custody, there is a set formula that divorce judges follow to determine a fair child support payment .
When you watch this video, you’ll learn that this formula relies on both parents’ income, household expenses, and the child’s financial needs. You’ll be asked to fill out a detailed financial statement, and your ex-spouse will do the same. Your attorney will adjust your net income based on whether you pay or receive alimony. If you already pay child support for children from a different relationship, these payments will be taken into consideration. Additionally, the courts may consider the family’s standard of living prior to the divorce.
What Is a Permanent Protective Order?
Domestic violence laws in Owings Mills allow a victim to ask the court to prohibit the abuser from legally going near the victim. In Maryland, restraining orders resulting from domestic violence are called protective orders, and they may be either temporary or permanent. Temporary protective orders only go into effect for up to one month. Permanent protective orders are valid for longer than one month, usually several months or perhaps years. It’s also possible for an attorney to renew an expired protective order if the protected person is still at risk of harmful actions by the person named in the order.
Protective orders are issued against household members and former household members. The victim may need protection from a spouse or ex-spouse, partner or ex-partner, family member, or roommate. Victims can request protection from an ex-boyfriend or ex-girlfriend, even if the two individuals never cohabited. Permanent protective orders direct the abuser to not engage in physical violence, threatening behaviors, or any sort of harassment, and to stay away from the victim’s home and workplace.
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.
The Legal Definition of Spousal Desertion
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.
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.
The Truth Behind Common Myths About Divorce Law in Maryland
Divorce law is complex and is periodically redesigned. There are also plenty of misconceptions about divorce law, which further complicates matters. Your best source for accurate, up-to-date information is a family attorney in Owings Mills. Ahead of your initial consultation, write a list of your questions and concerns.
Myth: Assets listed under one spouse’s name are off-limits.
Your family lawyer may ask you to bring a complete list of assets to your consultation. This allows him or her to give you an estimate of how the judge will likely divide your property. One common misconception is that anything solely listed in the name of one spouse cannot be divided among both spouses. In fact, a Maryland court can order the redistribution of any marital asset. In other words, if a spouse purchased a truck during the marriage, it is considered a marital asset and it can be included in a marital property award.
Myth: Retirement assets cannot be divided.
Similarly, retirement assets are considered to be marital property if they were earned during the course of the marriage. This means that the court may redistribute a 401(k) pension plan, IRA, military pension plan, or other retirement assets.
Myth: Spouses can be separated, but live in the same house.
Maryland divorce law is among the strictest in the country. Before you can finalize a divorce, you and your spouse may be required to undergo a one-year separation. It’s often thought that spouses can legally be considered separated as long as they sleep in separate bedrooms. In most cases, spouses can only be considered separated if they maintain separate residences for 12 consecutive months. During this time, the spouses must also abstain from marital relations.
Myth: Legal separation is always required before an absolute divorce.
Maryland recently revamped its divorce laws to make it easier for some spouses to obtain an absolute divorce without enduring a 12-month separation. Spouses who do not share children in common and who work out a divorce settlement agreement that resolves all involved issues can be granted an absolute divorce much more quickly.
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.
The Law Office of Kent L. Greenberg: Fighting for You
Since 1981, families throughout Owings Mills in need of divorce law guidance have turned to the Law Office of Kent L. Greenberg, P.A. Throughout his decades of experience handling divorce cases in and out of court, Mr. Greenberg has developed a reputation for personalized client care and exceptional attention to detail. Along with Matthew J. Rudo, who focuses on mediation and family law, Mr. Greenberg is committed to going to bat for his clients to help them obtain a favorable outcome for their case.
Our family court attorneys understand that every case involves unique challenges and requires a client-centered approach. We listen closely to our clients’ concerns and preferences, and develop effective strategies based on these issues and our in-depth understanding of divorce law in Maryland. In addition to family law, our practice provides exceptional legal representation for clients experiencing a number of other difficulties as well, including for those with personal injury cases and for those who have been accused of criminal offenses.
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