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What is AA v. Ab D? AA v. Ab D is a 2020 Court of Special Appeals opinion involving these important concepts in child custody cases: The courtโs obligation to children when deciding child custody. Childrenโs rights to have their best interests fully considered at...
When it comes to where a child of separated parents lives, the childโs schedule for spending time with each parent, and decision-making about a child, the guiding principle is the childโs best interests. In settlement, this means the parents put the childโs interests...
How are parents' constitutionally protected beliefs and behaviors weighed against children's best interests in child custody decisions? The Fourteenth Amendment of the United States' Constitution protects against the state's taking a person's life, liberty, or...
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...
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...
A child's preference is a relevant factor for the court to consider when deciding a custody arrangement (schedule and decision-making). The child's preference is but one of many best interests factors the court is supposed to consider when deciding custody....
In September 2017, I attended a conference at which one of the speakers said that a child who has had an opportunity to have a voice and be heard in the custody process is more likely to follow the custody order even if not the child's desired outcome. This...
Maryland recognizes three types of attorneys who can be appointed to represent children in contested custody, access/visitation/parenting time, and domestic violence cases. All of these roles require that the attorney be appointed by court order to represent the...
In short, at no age does a child in Maryland get to choose to live with a parent. As long as a child is under the age of 18, a child does not have a legal right to decide where or with whom he or she will live. A few laws give children rights at certain ages, but...
In Maryland, child custody has two main parts: physical custody and legal custody. Physical custody involves where a child lives, when a child spends time with each parent, and any conditions. Physical custody is also called residential custody or...
As with all child custody decisions, much (if not all) depends upon the trial judge deciding the case. But since 2016, Family Law Article ยง9-107 provides a framework for judges deciding child custody cases involving parent disability. This follows the Commission...
Last week, I participated in a fascinating, multidisciplinary roundtable discussion about the challenges professionals face in reunification cases. Specifically, when a parent wishes to establish a parent-child relationship when there is none and when a child refuses...