Going through a divorce and establishing child custody requires a lot of preparation and paperwork. It can start to feel like a full-time job in itself, which is one of the many reasons why you should hire a child custody attorney near Owings Mills to do the heavy lifting for you. Your lawyer will guide you in collecting the evidence necessary to present a compelling argument in court.

Even when parents are both committed to co-parenting cooperatively for the benefit of their children, disputes are inevitable. One common area of conflict involves medications and other medical decisions. Although some types of child custody put the power to make these decisions firmly in the hands of one parent, in other cases, parents each have the right to weigh in, and disagreements may arise. Your family attorney in Owings Mills can help you navigate these touchy issues when they occur. Here is a look at some of the common problems that happen regarding medication disputes in co-parenting agreements—and how you can overcome them.

Maryland divorce law is quite restrictive, although a recent change in the rules relaxed the requirements for couples who do not share children and reach agreements on other matters. In nearly all other cases, spouses must live apart for 12 continuous months before they can be granted an absolute divorce, rather than a legal separation. An exception to this rule applies when a spouse has fault-based grounds for absolute divorce, such as cruelty and excessively vicious conduct. A family law attorney near Owings Mills can discuss your case with you and determine if a fault-based divorce is right for you.

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.

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.

• 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

• 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.

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.

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.

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.

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.