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 court’s obligation to children when deciding child custody. Children’s rights to have their best interests fu…
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Since writing my series on Maryland Third Party Custody, and in particular in Consent, De Facto Parents & Multi-Parent Families, a major development occurred in July 2021. The Court of Appeals, Maryland’s highest Court, issued EN v. TR, reviewi…
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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…
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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 t…
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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 pare…
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The 2017 Maryland legislative session saw an attempt to add Best Interest (“BIA”) and Child Advocate Attorneys (“CAA”) to the categories of domestic violence petitioners. Specifically, the proposed bill would have allowed BIAs…
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In two prior posts, I discussed court and private custody evaluations. But a few of the other types of evaluations in contested custody cases are: Psychological Evaluations: A psychological evaluation provides a psychological profile of a parent, bas…
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In contested custody cases, there are many types of evaluations that the court can order or parties can agree to undergo in order to assess the fitness of the parents and the living and decision-making arrangements that suit the best interests of the…
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This New York Times piece features a parent’s perspective on nesting, 3 years down the road. Nesting involves parents separating, the children remaining in the home, while the parents rotate in and out of the home. In my experience, nesting is…
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A recent article in The Atlantic brings to mind the issues that may require an attorney (and the courts) to think differently about custody cases involving LGBTQ children. There are physical/residential custody implications if a parent and child are…
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Divorce litigation is rarely simple. The emotional stakes are high, the facts are often complicated, and the courtroom can be unpredictable. But having the best chance to achieve your goals at trial almost always comes down to the same thing: prepara… Read More
When an adult becomes unable to make decisions for themselves or a disabled child reaches the age of majority, families often face emotional and legal uncertainty. Whether because of illness, injury, or disability, it’s not unusual that the need fo… Read More
What Maryland Litigators Need to Know When a divorce involves significant wealth, everything becomes more complicated— especially property division in divorce. Maryland’s equitable distribution model gives the court discretion to divide marital a… Read More
In Maryland, remarriage directly affects alimony – but how it affects things depends on whether you receive or pay alimony. Maryland law has clear rules about when alimony stops after remarriage and other life changes. Careful consideration nee… Read More