• Parenting Agreements for Unmarried Parents

    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. Parenting Agreements for Unmarried Parents in Owings Mills, MD

    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.

  • Quick Tips for Harmonious Child Exchanges

    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. Tips for Harmonious Child Exchanges by The Law Office of Kent L. Greenberg

    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.

  • What Is Negligent Manslaughter?

    The killing of one human being by another may be prosecuted under a few different charges. Homicide, for example, is an intentional killing. Manslaughter is different, but the potential legal penalties are still quite severe. If you or a loved one has been charged with manslaughter, it’s important to contact an attorney in Owings Mills right away. You can also watch this featured video for a quick introduction to this charge.

    This legal professional explains that a person can be charged with negligent manslaughter if he or she acted in a negligent manner that resulted in another person’s death. This charge does not require that the defendant intended to kill the other person. For example, a drunk driver might not intend to kill a pedestrian, but the death could occur if the drunk driver strikes that person.

  • 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.

    Spousal Desertion Law in Owings Mills, MD

  • Common Questions About Property Division in Maryland

    Divorce typically has substantial effects on personal finances. Not only will the spouses have to adjust to living on a single income, but they won’t have access to the same financial assets as before. The division of property is subject to Maryland divorce laws and factors that are unique to each individual case. For accurate legal guidance, it’s advisable to consult a divorce attorney serving Owings Mills . Property Division after divorce in Owings Mills, MD

    What is marital property?

    It’s a common misconception that marital property refers solely to property that is jointly owned by both spouses. In fact, marital property includes almost any property that was acquired during the marriage. This applies regardless of which spouse purchased the property or earned the wages. Marital property includes vehicles, furniture, artwork, real estate, stocks and bonds, bank accounts, and retirement accounts. There are a few exceptions to this rule. If one spouse receives an inheritance or property as a gift, it’s considered non-marital property. Property is also excluded if there is a valid, legal agreement that excludes it.

    Is marital property divided 50/50?

    Another common myth about property division in a divorce is that each spouse receives half of the marital assets. Maryland is an equitable distribution state, rather than a community property state. In an equitable distribution state, the court issues rulings on property division based on what would be fair for both parties. A fair result isn’t necessarily an equal distribution.

    Can property be both marital and non-marital?

    In certain cases, it’s possible for property to be marital and non-marital. One person might purchase a condo before the marriage, which would make the condo non-marital property. However, if marital assets are then used to pay the mortgage, the condo becomes partially marital and non-marital property.

    Does the length of the marriage factor into property division?

    The length of the marriage does not necessarily have a significant impact on property division, unless the marriage was short-lived. Short-term marriages do not generally give the spouses enough time to accrue significant marital property. In these situations, the goal of the court is generally to restore both individuals to their pre-marital financial situations. The spouses can expect to keep the property they each brought to the marriage, and fairly divide any assets acquired during the marriage.

  • Is Your Child Support Arrangement Fair?

     

    Regardless of the type of child custody arrangement you have, it may be possible to get a child support order modified. Talk to a lawyer in Owings Mills who is knowledgeable about divorce law. Your family law lawyer may be able to file a petition to request a modified court order if you can demonstrate that you have experienced significant financial changes that affect your ability to pay the current support order. For instance, you may have suffered job loss or hour reductions. Or, you may have recently become responsible for paying child support for a different child.

    As you’ll learn by watching this featured video, it may also be possible to request a modification of child support based on changes in the financial circumstances of the other parent. If the custodial parent has recently secured a higher paying job or has received a large inheritance, it may be possible to reduce the support obligations.

  • The Basics of Alimony

     

    Alimony, or spousal support, is frequently an area of dispute in divorce cases. Before discussing spousal support in your divorce settlement, you should have an experienced alimony attorney in Owings Mills on your side.

    Watch this video to learn more about how alimony is decided during divorce cases. In addition to any applicable state laws, courts consider each family’s individual circumstances before ruling on alimony. Your divorce lawyer can build a case that demonstrates your current financial standing after your marriage ended to argue either that you are entitled to support from your spouse if you are seeking alimony or that you should not have to pay to support your ex if you are fighting an alimony request.

  • FAQs and Answers About Maryland Divorce Law

    When you’re facing a divorce in Maryland , it’s common to have questions about the process and how it will affect your future. As soon as you make the decision to separate, retain an experienced divorce attorney who can represent your interests as you negotiate with your ex on issues like child support and alimony. As you make decisions about your divorce, keep these answers to some frequently asked questions in mind. Child Support Lawyer in Owings Mills, MD

    What kind of divorce can I get in Maryland?

    In Maryland, there are both no-fault and fault-based divorce. A no-fault divorce is the easiest to obtain. To qualify for a no-fault divorce, spouses must live apart voluntarily for one year without interruption if children were born during the marriage, or if no children were born during the marriage, spouses may qualify immediately if certain other criteria is met. If you seek a fault-based divorce, your divorce attorney will need to prove a reason for the divorce, such as adultery, cruelty, deliberate desertion that has continued for 12 months or more, or a criminal conviction that includes a three-year or longer sentence. Your attorney will help you choose the right type of divorce for your situation.

    What is the difference between a limited and absolute divorce?

    A limited divorce is similar to a legal separation. During a limited divorce, the couple is separated but the marriage is not terminated. Issues such as child custody and alimony are often decided on a temporary basis during a limited divorce, but those determinations can then roll over to an absolute divorce. An absolute divorce is the final, legal dissolution of a marriage. Limited divorce is not appropriate for every case but can be helpful in instances in which couples have not yet met the requirements for absolute divorce but need assistance in settling their differences until they become eligible.

    How are child support and alimony different?

    Child support is paid specifically to meet the financial needs of the children that were conceived during the marriage. It is typically paid to the custodial parent. Alimony is spousal support and is designed to prevent one spouse from experiencing a significant decline in lifestyle or financial standing after divorce. Courts consider each case individually before ruling on child support and alimony.

  • A Look at Virtual Visitation

    Virtual visitation is a new trend in divorce law that is designed to enhance traditional visitation agreements. With virtual visitations, non-custodial parents who do not live in the same location as their children can have increased communication using technology like web chats, social media, and instant messaging. When you’re considering types of child custody and visitation in Maryland , it is important to have an attorney on your side to represent your rights and interests. If virtual visitation is an issue in your child custody case, here is what you need to know. Virtual Child Visitation Laws in Owings Mills, MD

    What is virtual visitation?

    Virtual visitation is the use of technology to connect non-custodial parents and children outside of their traditional visitation times. It can be used to allow kids and parents to keep in touch about day-to-day activities or to share major events, like a play or recital, with non-custodial parents who can’t attend the event. Because virtual visitation is a new phenomenon, there is no standard type of order for these cases. The courts may specify which virtual platforms should be used for visitation, when the visits should occur, and that the child and parent be allowed to communicate without oversight from the custodial parent.

    Who is a candidate for virtual visitation?

    One common child custody issue is what happens if the custodial parent wants to relocate. Even if the relocation is in the best interest of the child, it can still take a toll on the relationship between the child and the non-custodial parent. Virtual visitation can help ensure that the connection between parent and child stays strong. The same standards apply to virtual visitation as traditional visitation, so parents who are not eligible for in-person visits with their children will not be awarded virtual visitation.

    Does virtual visitation affect other forms of visitation?

    Virtual visitation cannot be used to in place of traditional visitation. It is supposed to supplement the in-person visitation schedule rather than replace it. Neither parent can use virtual visits as a way to change the traditional visitation schedule or to replace scheduled visits.

  • Legal Penalties for Theft in Maryland

    Maryland criminal law recognizes different types of theft crimes, including shoplifting, larceny, and receiving stolen property. All criminal offenses, regardless of the potential penalties, should be taken very seriously because a conviction can affect a person’s reputation and employability for years to come. If you have been charged with theft, contact a criminal defense lawyer in Owings Mills right away. Your lawyer can defend you from a misdemeanor or felony theft charge .

    A misdemeanor theft charge is used when the value of the stolen property is less than $1,000. A conviction is punishable by up to 18 months behind bars and fines of up to $1,000. Theft of an item valued at less than $100 is punishable by a maximum of 90 days in jail. Theft of an item greater than $1,000 is a felony and is punishable by up to 15 years and $15,000 in fines. For all theft convictions, the stolen property must be restored to the rightful owner or an equal amount of restitution must be paid.

    Criminal Lawer in Owings Mills, MD