Author: Cynthia H. Clark

Divorce

10 Self-Care Tips to Keep You Sane During Your Divorce

self care during a divorce

Going through a divorce is perhaps the most stressful thing you will deal with (except, perhaps, for the death of a loved one). The stress of the loss of the marriage, and the end of a life in which you had invested your hopes and dreams can be devastating. Taking good care of yourself is the best way to guard against the pressure and the chaos of separation and divorce.

What we hear you asking as you read this is, “Who has time for self-care? I barely have time to tie my shoes these days!” But making time for yourself is important. While taking the time for self-care will not dial down the level of conflict in the divorce, you will at least feel better equipped to handle it.

These 10 self-care tips might be something you want to try. You may end up adopting a new practice for yourself that stays with you even after the divorce is final and brings you contentment and peace.

1.    Eat healthy food

Indulging in comfort foods may soothe your jangled nerves in the moment, but making healthy food choices will give you more energy and keep your immune system strong enough to handle the stress of divorce.

2.    Exercise

Moving your body creates natural endorphins which are nature’s feel-good hormones that can break you out of an emotional rut. Maintaining a daily exercise regimen will help you sleep better, maintain a healthy weight and contribute to your overall physical and mental health and stamina.

3.    Get good sleep

Ah, sleep! Getting good sleep is often easier said than done, but getting adequate sleep is vital to your ability to handle the normal stresses of life, let alone the additional stress and anxiety that comes with divorce. If you are having problems getting enough sleep, talk to your doctor about what you can do to improve the quantity and quality of your sleep.

4.    Gather your supporters

It takes a village. In the same way that you gather all your friends and loved ones to celebrate the good times, when you are going through a difficult time you want to gather your true friends and close family to help support you emotionally as well as in practical ways.

5.    Care for your emotional health, too

Going through a divorce can make you feel like an emotional train wreck. Give yourself the opportunity to express the powerful emotions that divorce can bring out. Trying to repress feelings usually backfires at inconvenient times, so feel what you are feeling and remind yourself that life will get better.

6.    Try stress-relief practices such as meditation, yoga, tai chi, or journaling

These stress-relieving practices can have countless mental and physical health benefits; they can make you feel more relaxed and better prepared to face what is happening in your life.

7.    Find a creative outlet

It might sound trite to hear that you should get a hobby, but finding a creative activity is a great diversion from the stress and angst of divorce. This might be the time to join that art or cooking class you’ve been eyeing, or to take up knitting or painting.

8.    Work with the best divorce lawyer for you

An experienced, aggressive Annapolis divorce attorney can make all the difference in the outcome of your divorce. You want someone who knows what they are doing, who will stand up for you when you feel vulnerable, and make sure that you walk away from your divorce feeling like you got the best results possible.

9.    Take the lessons from this experience as you move on with your life

When the divorce is final, look at the whole experience, at how you might have contributed to the end of your marriage and take whatever wisdom you can into your new life. People make mistakes because that is part of being human. How you bounce back from your mistakes will define your life.

10. Ask for help

Never be afraid to ask for help. You might not feel strong enough to handle what is happening. There is no shame in asking for the help you need to get through your divorce.

Taking care of yourself and allowing yourself to be cared for by loved ones is a vital part of healing and gathering your strength to take on the challenges of your life. It is also a strong reminder that you possess everything you need to take on whatever life throws at you. Carrying these self-care practices forward into your daily or weekly routines after the divorce is over can help increase the amount of joy you can squeeze out of life. If you have children, taking excellent care of yourself gives you the opportunity to model for them what it can look like to move through a stressful situation and emerge with your strength and sanity intact.

Our experienced team of Annapolis divorce lawyers at Cynthia H. Clark & Associates, LLC, can protect your rights and make sure that your interests are represented. You are invited to give us a call at 410.921.2422 or fill out our contact form and schedule a consultation, where you can discuss your divorce case, ask questions and receive legal guidance from an attorney you can trust.

Child Custody

Child Custody Decisions in Maryland Military Divorce

Child Custody in Maryland

Deciding child custody can be challenging enough, but when one of the parents is on active duty in the military it can add another layer of difficulty to this emotional dispute. Parents should not have to choose between their duty to serve their country and their desire to participate in the upbringing of their child, but the way some custody laws and rulings are structured, that may become the case. In custody cases that involve an active duty military parent, the court is often placed in the awkward position of trying to strike a balance between the best interest of the child, the interests of the military parent and that of the civilian parent.

Special legal protections for military parents

The Service Members Civil Relief Act (SCRA) is a federal law designed to protect the rights of military members in court proceedings. Under this law, the service member can request a 90-day delay for court proceedings in order to give them time to respond. However, there are occasions when the court can rule regardless of the SCRA when the child’s needs are at stake.

Given that child custody cases follow state law, each state has its own statutes and approaches to dealing with decisions of child custody as they relate to the needs of the deploying parent. To solve the issue of the vast variability when it comes to how deploying parents are treated during custody considerations, the Uniform Law Commission developed the Uniform Deployed Parents Custody and Visitation Act of 2012 (UDPCVA). If adopted across the country, the UDPCVA would ensure that in custody cases involving deploying members of the military, a judge may not consider the past or future deployments of the parent as the only criteria in deciding what is in the best interest of the child.

The UDPCVA would:

  • Include a notice that requires parents to communicate about custody and visitation as soon as possible after the service member learns that they are being deployed. It would also work with the Uniform Child Custody Jurisdiction and Enforcement Act to preserve the residence of the deploying parent when custody issues involve two or more states.
  • Encourage private, mutual agreements between parents when the military parent is facing deployment.
  • Allow the deploying parent to grant their custodial responsibility to another adult who is either a family member, or someone with whom the child has a close relationship.
  • Provide for expedited procedures for entering a temporary custody order during deployment.

Under the Act, when military parents receive orders for deployment, they would be required to give seven days’ notice to the other parent and put together a parenting plan. If the civilian parent wishes to relocate while the deployed parent is away, he or she must give their new address to the deployed parent and to the court.

Enacting the UDPCVA

Though the Act has been recommended in all 50 states, it is not the law in all of them – and it has not yet been enacted in Maryland. Attorney Cynthia Clark of Cynthia H. Clark & Associates, LLC worked with a state representative to introduce a bill that would adopt many of the key provisions of the UDPCVA, but that bill was not voted out of committee. As of today, members of the military in Maryland have no special rights or protections when it comes to custody actions outside of what they have under the SCRA.

Attorney Clark will continue to fight on behalf of military parents here in Maryland, and will continue to work with the State legislature to help create bills that protect the rights of our servicemen and servicewomen.

If you or someone you know is a member of the military and facing a child custody dispute in an upcoming divorce, please contact the experienced Annapolis-based family law attorneys at Cynthia H. Clark & Associates, LLC to schedule a consultation, or call us at 410.921.2422. We proudly represent military families throughout Maryland.

Divorce

Divorce Papers May Not Be Served via Facebook, Says NY Court Ruling

Divorce in a Time of Facebook

Despite other NY judges allowing process service via Facebook for divorce papers, Brooklyn Supreme Court Justice Jeffrey Sunshine refused to allow a woman to serve her estranged husband with divorce papers on Facebook. A Wall Street Journal story reports that the wife says her husband has moved to Saudi Arabia, but she has communicated with him recently through Facebook. She says that her husband abandoned her three months after they were married when she was six months pregnant.

Justice Sunshine said that since the Facebook profile had not been updated since 2014, he needed to see more proof that it was his account.

Accurate process serving is critical

A story in The American Genius says that the important point of service of process is to make sure that the person who is named on the account is using the account for service of process, in order for it to be accurate and timely. According to their research, Utah is at the leading edge of providing alternative ways for its citizens to interact with the court system. They included electronic format, including email and “other possible electronic means” (back in 2001 before the advent of social media), and then in 2010, the rules were amended and the courts created a specific affidavit for service of process using electronic formats: Facebook, Twitter, text message and phone.

In the case in the Brooklyn Supreme Court, the problem seems to be that there was no way to verify that the errant husband was the owner of the Facebook account, and that it was an account that he checked often enough to be able to receive the documents.

The Wall Street Journal story claims that judges are not opposed to the idea of allowing a social network to substitute for a mailman or an in-person process server in general. However, some courts are still reluctant to rely on Facebook and other social networks exclusively as a way of being in communication with an opposing party.

Given the increasingly ubiquitous nature of social media and electronic communication in our lives, more states will likely adapt methods for making use of electronic service of process. There needs to be a way to make sure that the person being served receives the notification in a timely manner.

Maryland law requires that the defendant be served properly or the case will be dismissed: MD Rules 2-101, 3-101; Courts and Judicial Proceedings 6-301. You can serve legal documents by a sheriff or constable, a private process server, or through certified mail, but you are forbidden from serving the papers yourself.

If you know that it is time to start planning for divorce, you will need the services of an experienced Annapolis divorce attorney on your side as you move through the tumultuous process of divorce. We urge you to give us a call at 410.921.2422 or fill out our contact form and schedule a consultation where you can discuss your case with our knowledgeable team of Maryland divorce lawyers at Cynthia H. Clark & Associates, LLC, who will protect your interests.

Divorce

Parental Alienation in Maryland Divorce Cases

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When parents divorce and the family is divided, there could be some amount of animosity between one of the parents and the child, especially in cases of infidelity or abuse. Normal levels of acrimony can be overcome with time and maybe some family counseling. However, parental alienation is another scenario entirely. Parental alienation is the deliberate attempt on the part of one parent to undermine and degrade the child’s relationship with the other parent, rather than a child’s natural emotional reaction to the emotional trauma of the divorce. The American Professional Society on the Abuse of Children (APSAC) has referred to parental alienation syndrome as emotional abuse of children. The criteria that APSAC uses to describe parental alienation disorder includes some or all of the following behaviors: The child strongly allies him or herself with one parent, rejects a relationship with the other, alienated parent without legitimate justification and refuses parenting time with the alienated parent. This usually occurs during a high conflict divorce.

What does parental alienation syndrome look like?

Here are some examples of the types of behaviors that might be going on in a parental alienation situation:

  • Making baseless complaints to Child Protective Services against the alienated parent.
  • One parent makes derogatory comments to the child about the other parent.
  • Constant excuses about why the child is unable to see the other parent for their visitation time.
  • One parent coerces the child to choose themselves over the other parent.
  • The alienating parent sets themselves up as the victim and the other parent as the villain and shares unflattering details about the other parent’s life.

Possible solutions for resolving parental alienation

What do you do when you feel as if your child’s other parent is trying to alienate your child from you?

  • You can work with a child psychologist who understands parental alienation and can support you and your child as you work through resolving the situation.
  • Join a divorced parents support group.
  • Enlist the help of your family law attorney in enforcing the existing custody order.

One parent using their power of manipulation to influence the child’s affections is harmful to the child’s healthy emotional development, and it is cruel to the other parent who deserves to be involved in their child’s life without interference. Maryland family law sees both parents as the natural custodians of their children, and therefore does not favor one parent over the other; the best interest of the child is the legal standard that the courts use when making decisions about child custody cases.

If you are involved in a child custody dispute in which it is becoming clear that your former spouse is trying to alienate your child, it is time to contact your attorney. If the court discovers that one parent has been deliberately trying to alienate the affections of the child for their own benefit, it will reflect poorly on the alienating parent.

The trusted Annapolis-based family lawyers at Cynthia H. Clark & Associates, LLC can help you resolve family conflict. If you are struggling with child custody challenges in your Maryland divorce, you are welcome to call 410.921.2422 or fill out our contact form to learn more about how we can help.

Divorce

Can I Appeal a Family Law Decision in Maryland?

annapolis md family law attorney

You have survived your divorce, and the judge has issued the divorce decree. You are dissatisfied. Can you ask the court to reconsider the judge’s decision?

Yes, you can appeal a divorce decision, but that does not mean that you should. There are strict rules and timelines when it comes to filing an appeal. It is also important to understand that an appeal is not an opportunity to retry the case. A divorce appeal is not the same thing as a divorce modification. A modification is a request to change just one portion of the divorce decree, as might happen if the party responsible to pay child support suddenly loses his or her job, or if circumstances have led you and your former spouse to revise your current custody plans.

Grounds on which to base a divorce appeal

A divorce appeal involves taking the original judge’s ruling to a higher court. A divorce appeal should be based an error on the part of the judge in applying the law, the uncovering of fraud committed by the other side with regard to the divorce proceedings, the presence of new facts that could not have been discovered during the original trial or some other extenuating circumstance that merits an appeal.

A divorce appeal can cost as much as the original trial, and the appellant (the party filing the appeal) might be required to pay the legal expenses of the respondent. The appellant may have to hire a new attorney to represent them in the appeal. This means that they must be prepared to pay a new attorney who has appellate experience to prepare for the appeal. The entire process can also be very time-consuming. It is critical that you discuss this option with an experienced Annapolis divorce attorney first, because you may find this is not your best option.

Filing a divorce appeal in Maryland

If you want to appeal the judge’s decision in your divorce, you have thirty days to file your appeal.

The litigation in a divorce appeal takes place within the written briefs as opposed to the witness testimony that took place in the original trial. An attorney specializing in appeals can discuss your options and help you decide if it makes sense to file an appeal.

At Cynthia H. Clark & Associates, LLC, we provide strong advocacy for clients as they end their marriage and create their new lives. Please contact us or call us at 410.921.2422 to receive a referral for an attorney, who specializes in appeals, with whom you can discuss your matter.

Divorce

Maryland’s New Laws Went into Effect on October 1, 2016

On October 1, 2016, there were 35 new laws in Maryland that went into effect. There are now tougher laws for underage drinking, equal pay for equal work, freedom of speech for student journalists, and Noah’s Law, which requires the use of an Ignition Interlock system when a person has been convicted of a DUI with a BAC of .08 or higher.

Some of the new laws could impact our family law clients, too. We wanted you to be aware of those changes, in case they could play any part in your current or upcoming legal affairs.

  • Divorce-Corroboration of Testimony (SB359, HB274): Under the new law, a court may enter a decree of divorce on behalf of Spouse A without the corroboration of a witness. It also “repeal[fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”][s] a provision specifying that, in a suit for absolute divorce on the grounds of voluntary separation, a separation agreement is full corroboration of the plaintiff’s testimony that the separation was voluntary under specified circumstances.”
  • CINA, Guardianship, Adoption, Custody, and Visitation – Disability of Parent, Guardian, Custodian, or Party (SB765): In cases where parents are either blind or disabled, their disability cannot discredit their ability to be a parent unless the effects of their disability on the child prove to not be in their best interest.
  • Child Abuse and Neglect – Failure to Report (SB310, HB245): This new law compels “Anyone involved in an investigation of child abuse or neglect must report suspicions of another individual knowingly failing to report child abuse to the appropriate board, agency, institution or facility.”
  • Stalking (SB278/HB155): This new law defines stalking as not just inciting fears or threats, but also causing emotional distress.
  • Pretrial Release – Prior Crimes (SB603): A District Court commissioner is “Prohibit[ed]… from authorizing the pretrial release of a defendant charged with a crime of violence if the defendant has previously been convicted of a specified crime; and… from authorizing release of a defendant charged with a specified crime if the defendant has previously been convicted of a crime of violence.” This new law will almost certainly apply to people who are charged with acts of domestic violence, if they have been previously convicted of another act of violence.

These are just the highlights of a few of the new laws that went into effect this month. If you live in the Annapolis area and you are dealing with a family law dispute or other legal matter, the experienced family law team at Cynthia H. Clark & Associates, LLC is here to help you and your family move beyond conflict and get on with your lives.

At the Annapolis law firm of Cynthia H. Clark & Associates, LLC, we like to make sure that our clients are kept abreast of the changes in Maryland law that might affect them when they are involved in divorce or other family law cases. We are here to make sure that your rights are protected, and to provide sound legal advice based on the specific facts of your case. Please call us at 410.921.2422 or fill out our contact form to schedule a consultation today.

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Divorce

Frequently Asked Questions about Property Division in Maryland Divorce Proceedings

You and your spouse spent years building up your life: a house, a car, a retirement account, etc. Now you have decided to end the marriage, and all those assets are about to be divided. If you are like any of our clients, you probably have many questions about property division in Maryland Divorce cases. These are just a few examples of some of the most common questions clients typically ask about asset division.

Maryland Divorce Proceedings

Is Maryland a 50/50 divorce state? How do the Maryland courts divide marital assets in divorce?

Maryland is an equitable distribution state, which means that rather than divide marital property straight down the middle in a 50/50 fashion, the court uses several criteria – including the monetary and non-monetary contributions of each spouse, each spouse’s economic circumstances, factors that contributed to the demise of the marriage, the length of the marriage and several other factors – to decide how the assets will be divided between each party. (MD Code Family Law § 8-205) The court makes an effort to be as fair and equitable as possible as they divide up the marital estate.

What can be considered marital property?

Marital property is property that has been acquired by one or both parties during the marriage regardless of how it is titled. Any interest in real property that is held by both parties is also considered to be marital property. Property that was brought into the marriage, but maintained or developed by both spouses may also be considered marital property. For example: if you remove money from your trust fund and put it in a joint account, or if your spouse owns a business but you handle the books or work there on the weekends, these assets could be considered marital property.

What happens with non-marital or separate property?

Separate or non-marital property is property that was acquired by either party before the marriage took place, was received as an inheritance or gift to one of the parties from a third party, or is excluded by a valid agreement (such as a pre-nuptial or post-nuptial agreement), or is directly traceable to any of these sources. Non-marital property is not subject to property division in the divorce proceedings.

What happens to the house if my spouse and I are unable to come to an agreement about who will get it in the divorce?

If the parties are unable to decide who will keep the house, the court can sell the house and divide the proceeds between both parties. Unless this is an option you can live with or prefer, it makes sense for the couple to find a way to come to a mutual agreement.

I am having an affair and I have been paying my lover’s car payment and college tuition as a business expense. One of my colleagues says that this can be considered dissipation of assets. Is that true?

If you are using marital assets to pay for these expenses for your lover, then this definitely could be considered dissipation; so can counting those expenditures as business expenses. This will diminish your share when the marital assets are divided.

The value of my company, which I started before I got married, has risen significantly over the course of my marriage. Will the increase in value be considered marital property?

The answer to this question depends greatly on the level of contribution your spouse made to the company’s increase in value. If your spouse worked side-by-side with your every day, then this would make the business a marital asset. If s/he had her own job outside of the company, then the court may decide what portion of the company can be considered a marital asset, if any.

I had a job for 15 years before I got married. My spouse and I were married for about five years before we decided to divorce. How much of my retirement account is my spouse entitled to in the divorce?

Retirement accounts and pensions are generally considered to be marital property, but this case is complicated by the fact that the party contributed to it for 15 years prior to the marriage. The challenges only increase if you or your spouse are in the military. Any cases that involve pensions and retirement funds will be complicated and are best left to the expertise of your Annapolis divorce attorney.

If you have any other questions about property division in Maryland Divorce cases contact us.

You probably have even more questions than what we can cover in a single blog post, so you are welcome to schedule a consultation to discuss your Maryland divorce with one of our experienced divorce attorneys at the law firm of Cynthia H. Clark & Associates, LLC

Dividing up the family’s assets during a divorce can be a painful and challenging time. You may begin to see a side to your spouse that you have never seen before. It will feel good to know that you have the support and guidance of an experienced Annapolis divorce team on your side throughout the chaos of divorce. You can feel free to give us a call at 410.921.2422 or fill out our contact form and schedule a consultation where you can get advice from our knowledgeable team of Annapolis divorce lawyers at Cynthia H. Clark & Associates, LLC, who are on your side until the end.

Divorce

Is Friendship with Your Ex Possible? Tips for Reinventing Your Relationship After Divorce

same sex marriage divorce lawyer maryland

Couples who never had children together might find it easier to simply make a clean break after the divorce is final and agree to live separate lives. However, couples who have a child together will be linked for at least a few more decades – if not for the rest of their lives. It can be easier and far more rewarding to co-parent your children if you can be on civil (if not friendly) terms with your former spouse.

To that end, we have a few tips to share about how you might try to reinvent your relationship with your ex. The ultimate goal is for you both to be better co-parents, and to set a healthy example for your children to follow.

  • Have a candid conversation about the boundaries of the new version of your relationship. You will know whether or not you want to pursue any kind of contact with your spouse outside of what is necessary for dealing with the children and their needs. If you both decide that it is time to leave the past behind you, then you can come to an agreement on how you will relate to one another.
  • An apology can be a powerful catalyst for the healing process. Saying that you are sorry and hearing your ex-spouse apologize might be what you need to hear in order to hit the reset button and move on to a new stage of your relationship as co-parents.
  • Make sure that you find the emotional support you need outside of this relationship, so that you are not looking to your former spouse to fill that role.
  • It can be helpful to view yourselves as partners working towards the common goal of co-parenting your child.
  • Never communicate through the children. Come to a mutual agreement about how you will communicate, whether by phone, email or text message.
  • Find a solution for sharing your calendars to make scheduling activities and visitation times easy and avoid confusion.
  • It is not always a great idea to try to be friends with your ex-spouse. When it is clear that the other party has not moved on and is looking for the slightest indication that you are interested in rekindling the romance, or if the other party has been abusive to you in any way, pursuing a friendship should be out of bounds.

Going through a divorce can change people. It can make them appreciate those things that they might have taken for granted in their partner, but it can also inspire introspection and personal growth. Also, the time apart and the space between you as you each move into your new lives and new routines gives you a whole new perspective on life. If the two of you can keep the needs of your child at the forefront of your minds, it gives your new relationship a new point of focus.

If you find that you cannot be friends with your ex-spouse, aim for civility. You and your children will be better off for it.

At Cynthia H. Clark & Associates, LLC, we help clients navigate the often troubling process of divorce, deciding child custody and rebuilding their lives after divorce. We invite you to contact us or call us at 410.921.2422 to schedule a consultation in our Annapolis office to discuss your case with a knowledgeable Maryland divorce attorney today.

Family Law

Contempt of Court Proceedings in Maryland Family Law Disputes

maryland divorce law

After the divorce is finally over and the judge has signed the divorce decree, both parties are obligated to comply with the order, which has the force of law. Typically, most people do obey the court’s order (even if it is with some reluctance). However, there are those who take the law into their own hands and make the foolhardy choice of not complying with the judge’s orders. In these kinds of situations, there are several options when it comes to getting the other party to comply, depending on the nature of the issue. If efforts to get the at-fault party to comply with the judge’s orders continue to fail, he or she may be held in contempt.

What kinds of actions can lead to contempt of court?

Contempt, in the context of this discussion, indicates the intentional violation of a court order. Some examples of actions or failures to act that can lead to a person being held in contempt include:

  • Violation of the parenting time agreement
  • Failure to bring the children back to the other parent when visitation time is over
  • Failure to make an effort to require that the child visit the other parent in accordance with the parenting plan
  • Failure to pay child support or spousal support
  • Refusal to sign over or deliver property as ordered by the court

Bear in mind that holding a person in contempt is not something that the court takes lightly. It is considered the most severe remedy, and at times can actually serve to heighten a conflict. Civil contempt gives the party one last chance to comply with the court order. When the party has successfully satisfied the court’s requirement, the court lifts the sanction. In Maryland, if the court must use contempt proceedings to force compliance with custody or visitation, the court also has the option to assess attorney fees and court costs against the non-compliant party.

Maryland law allows spousal support orders and child support orders to be subject to automatic withholding. The payor parent’s employer withholds the amount of the monthly obligation, which is forwarded directly to the recipient of the child support or through the child support agency.

The moral to the story here is that it never makes sense to willfully violate a court order. If your ex-spouse is the offending party, you can work with your Maryland family law attorney from the law firm of Cynthia H. Clark & Associates, LLC Our Annapolis family law team is here to protect your child’s and your interests, and offer legal advice about your custody case. You are welcome to call 410.921.2422, or to contact us to schedule a consultation today.

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Family Law

New York’s Redefinition of Parenthood Allows Visitation and Custody Rights to Non-biological Parents

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The highest court in the state of New York has just expanded the definition of what it means to be a parent, which will have far-reaching implications for all families in New York, but with special meaning for same-sex couples who are facing custody and visitation disputes. On August 30, 2016, the New York State Court of Appeals held that, “. . . where a partner shows by clear and convincing evidence that the parties agreed to conceive a child and raise the child together, the non-biological, non-adoptive partner has standing to seek visitation and custody under Domestic Relations Law § 70.”

According to an article in the New York Times, the high court ruling emerged from a custody battle between a same-sex couple from Chautauqua County. Court papers identify them as Brooke S.B and Elizabeth A. C.C. The two began a relationship in 2006 and announced their engagement the next year. In 2008, Elizabeth was artificially inseminated and gave birth to the couple’s son, who took Brooke’s last name. Although Brooke was at the birth and cut the child’s umbilical cord, raised him along with his mother Elizabeth and maintained a close relationship with the boy, they did not share any biological or legal ties. When the couple ended their relationship in 2010, Elizabeth cut off Brooke’s contact with the child. When Brooke filed for custody and visitation, her petition was denied by a lower court due to the established legal precedent in the Matter of Alison D. v. Virginia M., which ruled that, “in an unmarried couple, a partner without biological or adoptive relation to a child is not that child’s ‘parent’ for purposes of standing to seek custody or visitation under Domestic Relations Law § 70 (a).”

The high court ruling overturned Alison D., saying that, “. . . the definition of, ‘parent’ established by this Court 25 years ago in Alison D. has become unworkable when applied to increasingly varied familial relationships.” In light of same-sex marriages being legalized in New York 2011, and then the United States Supreme Court recognizing marriage equality in 2015, the Court has recognized that the formerly traditional composition of a family being a mother and father and their biological children is expanding and changing.

The Times article quoted Professor Nancy D. Polikoff, from American University Washington College of Law, who said, “Many courts have simply said that this person looks like a parent and cannot just eliminate them from the child’s life.”

Maryland same-sex couples already enjoy the benefits of this expanding legal viewpoint of parenthood. In July of 2016, the Maryland Court of Appeals ruled unanimously that non-biological parents can be considered de facto parents by the family court for purposes of custody and visitation (Conover v. Conover). A de facto parent might be the partner of a lesbian who gets artificially inseminated, a gay partner whose partner adopts a child from a country which does not allow same-sex couples to adopt jointly, or a straight man or woman who participates in raising a child without having gone through the formal adoption process.

Are you a non-biological parent who is going through a divorce, or someone who was never married to your partner, but has concerns about how custody of your child is being handled? An experienced and compassionate Annapolis family law attorney at Cynthia H. Clark & Associates, LLC is here to protect your child’s and your interests, and offer legal advice about your custody case. You are welcome to call 410.921.2422, or to contact us to schedule a consultation today.