• 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

  • Troubleshooting Common Custody Problems

    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. Common Child Custody Problems by The Law Office of Kent L. Greenberg

    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.

  • 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.

  • What Is Equitable Distribution?

    During a divorce, separating property and assets can be a daunting process. Ideally, a divorce lawyer in Maryland can represent your interests during this negotiation process to ensure that your rights are being protected. If you and your ex cannot agree on how to divide the property, the court may make a determination that equitable distribution should occur.

    Equitable distribution means dividing all of the marital assets in a fair manner. This standard does not mean that property is divided up equally but rather that is it shared between the two parties in a way that is deemed equitable based on factors such as the duration of the marriage, the financial and nonfinancial contributions made to the family by each party during the marriage, and each party’s current financial situation. Because equitable distribution is extremely complex, having a divorce attorney at your side is essential. Your attorney can accurately represent your claim to marital property during a divorce so that you get your fair share of the assets. He or she may also help with property division negotiations before you go to court, so that you and your ex can attempt to settle the dispute without legal intervention.

    Divorce Lawyer in Owings Mills, MD

  • 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.