Children & Custody

Rose v. Rose – Child Support, Overnights & Retroactive Modification

Rose v. Rose – Child Support, Overnights & Retroactive Modification

On February 1, 2018, the Court of Special Appeals issued its opinion in Rose v. Rose, a case involving: Alimony termination due to the ex-spouse's alleged cohabitation in a marriage like relationship pursuant to Gordon v. Gordon; I discuss this in Rose v. Rose -...

Maryland Child Custody – What ARE the Best Interests of the Child?

Maryland Child Custody – What ARE the Best Interests of the Child?

When it comes to where a child of separated parents lives, the child's schedule for spending time with each parent, and decision-making about a child, the guiding principle is the child's best interests. In settlement, this means the parents put the child's interests...

2018 Maryland Family Law Legislative Preview

2018 Maryland Family Law Legislative Preview

On January 10, the Maryland General Assembly begins its 2018 legislative session. The Maryland State Bar Association's (MSBA) Family and Juvenile Law Section Council's (FJLSC) Legislative Committee actively monitors family law and related legislation, testifies in...

Joint Custody Presumption v. Shared Parenting Advocacy

A December 11, 2017 Washington Post article, "More than 20 states in 2017 considered laws to promote shared custody of children after divorce", states:  "Now lawmakers are accelerating this trend toward co-parenting, with legislatures in more than 20 states this...

Parenting Time & Rights of First Refusal

Parenting Time & Rights of First Refusal

What is a Right of First Refusal for Parenting Time? It is the other parent's right to spend time with the children if you are unavailable to be with them during your scheduled time.  It obligates you to offer that time to the other parent before arranging for a...

Holiday Co-Parenting

Holiday Co-Parenting

Parents divorce;  children don't divorce their parents.  When it comes to holidays, co-parenting goes beyond keeping to the holiday schedule. Children rely on parents for help.  Holidays are no different. Cooperative co-parents help children enjoy and...

Separation & Holidays

Separation & Holidays

Transitioning from an intact to a separated family poses many challenges.  For the parents.  And for their children. Holidays are a special challenge all their own. Time and again, I hear from Judges and Magistrates that litigating parents don't tell the...

Is Guardianship the Same as Custody?

Is Guardianship the Same as Custody?

Short answer:  No. In Maryland, there are two types of guardianship: Guardianship of the Person; and, Guardianship of the Property. A guardian of the person is responsible for decision making about the minor child and making sure the child receives proper...