Maryland Divorce Lawyer - Cynthia H. Clark

Fathers in Maryland Can Fight for Their Custody Rights

People often feel like fathers are in a tough position when it comes to getting child custody rights, and this can be true. Much of the time, mothers are given custody of children, rather than fathers. However, as one young father has pointed out, it is possible for fathers to step up and fight for their rights in a child custody situation.

The man who brought this to light was in his early twenties when he started living with his daughter — a toddler at the time since she’d been born when he was 19 — on his own. He said that growing up with her was an incredible experience because of the bond that the two had and the way that they got to know each other on such a deep level. As she was about to turn 13, marking a turning point in her life, he recalled the times that they’d spent together.

He also referenced the way that many fathers are prone to complain about the child custody system. While not denying that some of them have a point, he did say that a lot of them were actually not doing all that they could to be with their children. In some ways, they were choosing not to, even if they didn’t like it.

First off, he pointed out that 81.7 percent of all of the parents with custody are the children’s mothers. However, he also pointed out that the majority of cases — 51 percent — are cases in which both parties reach an agreement on what they want to happen. That indicates that many fathers are agreeing to turn over custody for one reason or another.

Fathers need to know that they have rights as well, and they need to know how to fight for those rights if they so desire.

Source: Huffington Post, “‘I Want to Pee Like Daddy’” Jon Vaughn, Sep. 12, 2014

Family Home

Forcing a Spouse Out of the Family Home

Forcing a spouse out of the family home is not as simple as saying I want to separate: move out according to Annapolis, Maryland family law.

Question: Can a titled spouse evict a non-titled spouse out of the house during the pendency of a divorce?
So the short answer to the question posed is that generally a title holder of a house can evict a non-titled spouse. However, to do so, the titled spouse will have to file certain legal petitions with a Maryland district court. And despite the fact that a non-titled spouse holder does not have a right to possession of the house, a Maryland district court judge may decide not to permit an eviction – which may necessitate the filing of an appeal. And to those who are frustrated by the legal process, self-help might prove equally unhelpful. Few police departments will involve themselves in a domestic dispute regarding the possessory rights of spouses in a divorce case without a court order to shield them from claims of improper arrest and the civil liability associated with it.

This week’s Wednesday question and answer highlights one of the difficulties of exercising and enforcing one’s legal rights in a civil action, especially one that touches upon issues of family law. The problem is that a party can have all the rights on the books but can still be practically denied those rights because the legal process at times is too confusing, too slow, too costly, and subject to human error, such that some parties simply throw in the towel and settle for something far less than what they are entitled to.

Believe it or not, family law practitioners and judges are aware of these problems and are trying to make administrative changes that will simplify the process and speed up the administration of justice. However, some of the changes needed are only going to be solved with legislative action. It is important that we all engage our local legislators and express our priorities and concerns.

It is better not to take steps forcing a spouse out of the family home without conferring with a Maryland family law attorney.

Child Custody

Child Custody: Sole, Shared, Primary & Joint Custody

Child Custody: Sole Custody, Joint Custody, Shared custody, and Primary custody in Annapolis, Maryland is one of the areas of family law that is rife with mischief. Part of the problem is that there are different kinds of custody (i.e. physical and legal), which is not intuitive to laypersons. In addition, our common sense understanding of the terms “sole custody” “joint custody” “primary custody” “shared custody” do not comport with the legal meaning of such terms. And to make matters worse, lawyers and courts will use some of these terms interchangeably without explaining in plain language what is meant to the parties. It is no wonder that parents can find themselves entering into custody agreements and orders that do not reflect their wishes or intentions. I tackle just one of the questions or misunderstandings related to child custody and access in this week’s Wednesday posting.

If a parent is awarded sole physical custody of a child, does this mean that the other parent has no access rights to the child?

No. Unless a parent’s rights have been terminated by a court order, a parent retains a fundamental right to access to his/her child. And just so that there is no misunderstanding, a consent order or court order after a merits hearing, in which one parent is given primary or sole physical custody of a child does not terminate the access rights or any other legal rights of the noncustodial parent.

The most typical situations in which parental rights are terminated occur where either a parent is voluntarily surrendering his/her parental rights to allow the child to be adopted or the parental rights are being terminated involuntarily where a child has been abused or severely neglected. Because of the seriousness and irrevocability of a termination of parental rights, this is not usually something that a parent would choose without considerable thought.

Furthermore, a parent does not eliminate his/her child support obligation by “signing over (physical) custody” of a child to the other parent. As I explained in a prior posting, Maryland Family law imposes a duty on both parents to financially support the child whether the parent is having regular access to the child or not.

In the circumstance in which a parent is voluntarily agreeing to allow primary physical custody to abide with the other parent, it is still important for the non-custodial parent to obtain an access schedule to identify specific dates and times in which the noncustodial parent is to have access with his/her child. Too often, parties who are representing themselves in family law matters agree to custodial agreements with very ambiguous language matters agree to custodial agreements with very ambiguous language promising “liberal access” to the noncustodial parent without a specific access schedule.

This is a recipe for disaster for a host of reasons! One, the noncustodial parent is placed in the position of a supplicant begging for access to his/her own child, completely subject to the whims of the custodial parent with regards to the granting of such access. Two, it is very difficult to bring a contempt action against a custodial parent who is arbitrarily denying the noncustodial parent access when the parties’ agreement or court order does not specify exact dates and times for access to the non-custodial parent. In short, get an access schedule — the more detailed the better. If a parent wants access to his/her child on the child’s birthday put it in writing. It may not happen otherwise. And you cannot count on the custodial parent being charitable or generous towards you when it comes to allowing access that is not court-ordered. As Benjamin Franklin said, “An ounce of prevention is worth a pound of cure”.

Alimony

Alimony Claims in Maryland from Both Sides of the Coin

Most divorcing individuals who believe that they will soon be paying or receiving alimony will want to have an idea of the expected size of the payments and how long they will last. The attorneys at the Law Offices of Paula J. Peters are highly experienced at handling questions relating to alimony in Maryland. We are also dedicated to helping our clients get the fairest treatment under the law — so they can preserve their financial security for years to come.

Attorney Paula Peters has achieved excellent results for numerous alimony clients — including one client who received an award of $30,000 in alimony per month indefinitely. Having worked on both sides of alimony cases, our firm is uniquely suited to defend individuals against alimony claims and to pursue alimony claims on behalf of those who have a legal right to them.

In Maryland, there are two primary classifications of alimony: rehabilitative alimony and permanent alimony. Permanent alimony continues throughout the ex-spouse’s life, and it is intended to provide sufficient financial assistance so that the recipient can maintain the same quality of affluence experienced during the marriage. Rehabilitative alimony, on the other hand, is only temporary and its purpose is to assist the receiving spouse to meet living expenses while he or she gets back on his or her feet again.

The attorneys at the Law Offices of Paula J. Peters are skilled at forecasting what level of alimony a party might be liable to pay and/or receive after a divorce. This knowledge is a valuable part of the way we help our clients. Ultimately, we are committed to the needs of our clients and we are passionate about representing their best interests to the fullest extent of the law.

Source: “Annapolis Alimony Lawyer” Sep. 04, 2014

Family Home

Family Home and Living Separately

The family home and living separately dramatically impact a grounds for divorce:

Living Separately, Continuously Apart in separate places of abode for over one year is the most common grounds for divorce put forth by family law attorneys in the Annapolis, Maryland divorce court. That sounds simple enough. But, sometimes financial circumstances have an impact on the grounds for divorce. People often think that if you are living in separate rooms in the family home you are “living separately.” It is not that simple.

If you have been following my posts over the last several months you know that in order to file for divorce the parties must be living separately (i.e. no longer residing in the same house). This can prove a big challenge to parties who want to start the divorce process but do not have the money to move out and set up a separate household. Then of course the next decision is which party should incur the effort and expense of moving. When parties jointly own a home there is virtually no legal action that one party can take against another in order to force one party out of the house except in the case where the issue of domestic violence or other threatening or harassing conduct is implicated. However, the legal analysis is different when only one spouse holds title to the house.

Labor Day

Labor Day Message

Our Labor Day message

On Labor Day, in addition to a holiday, we reflect upon the past workers who made this country great. All of us in this law firm attributes a large part of our success to the strong work ethic we learned from those who came before us in our families. We learned from our families’ contributions to the American labor movement as well as the hard-working American laborers and the strong work ethic of immigrants who helped this country with a tradition of excellence and work.

Our entire firm has strong union backing. Cynthia Clark’s father, Gerald Hawkins was an American Airlines employee and union member for 32 years. He served in the leadership of this AFL-CIO affiliate. Both of Courtenay Sperry’s grandfathers were members of the International Brotherhood of Electrical Workers, her grandfather Alfonso Sperry for 65 years. Mary Young’s husband is a member of the International Union of Elevator Contractors. We all have extended families, both this generation and past generations.

Paula Peters is particularly proud of her heritage with union organizers in the early labor movement. John Lewis, her great-grandfather on her Mom’s side was an organizer of the United Mine Workers in Western Pennsylvania. They and the others faced economic ruin, bodily injury, and death at the hands of the mine owners. The mining companies owned all of the houses (along with outhouses) as well as the only store in town. Everything was deducted from their pay so they had very little cash. Her grandfather on her Dad’s side was a miner both before and after the union. He told stories of being like an indentured servant to the mining companies. The union negotiated not only for higher pay and benefits but also for safe working conditions in a business that lost hundreds to mining accidents. One of the benefits eventually was a payment to widows for the miner’s death from black lung, a benefit that Paula Peters’ paternal grandmother received as her grandfather died from black lung.

Child Support

What Can Happen to a Parent Who is Late on Child Support?

When a Maryland parent responsible for paying child support fails to fulfill his or her payment obligations, the Maryland Child Support Enforcement Administration can take action. The way the administration acts, though, is likely to differ depending on the situation. For example, if the administration sees that the parent is financially unable to meet the obligations, it will work with the parent to try and overcome the challenges. On the other hand, if the administration finds that the parent is purposefully avoiding payments in spite of having the financial capacity to pay, it will aggressively pursue legal claims against the parent.

Different laws provide the CSEA with a variety of tools it can employ in cases where child support payments are overdue. For one, federal and state laws allow the CSEA to intercept and obtain the federal income tax refunds of delinquent child support payers who owe $500 or more. The late-paying parent will receive a notice 30 days prior to the tax refund’s interception. Meanwhile, the person who allegedly owes money will have the right to request that an investigation be carried out by his or her local child support agency prior to the interception taking place. Similarly, the Maryland CSEA can intercept state income tax refunds for payers who are behind by $150 or more.

In other cases, the CSEA has the right to deny the issuance of passports to those who are behind on child support by $2,500 or more. Once the overdue amount is paid, the individual will have his or her passport suspension removed. Similarly, driver’s licenses can be suspended if a parent is overdue by as few as 60 days. After the overdue amount is paid, the parent will have his or her driving privileges reinstated. A wide variety of other means are also available to the CSEA for child support enforcement purposes, such as wage withholding, administrative liens on real estate property, asset seizure, lottery winnings interception, and others.

When a Maryland resident is late paying his or her child support, serious legal consequences can result. Parents who are owed support do not have to sit idly by and hope that one day they will be paid. Legal assistance is available to remedy the situation. Whether one is owed or owes child support money, knowing one’s legal options is always important.

Source: Maryland Department of Human Resources, “Child Support Enforcement Tools” Aug. 25, 2014

Property Division

Receiving a Financial Windfall in a Maryland Divorce?

No one ever said that divorce was easy — quite the contrary. Generally, when Maryland residents think of divorce proceedings, they think of the complexities of property division and the pain of having to give something up. However, a big financial windfall from the close of a divorce settlement can also be difficult to handle — especially if one is not accustomed to managing the family finances.

In order to stay on track and not get overwhelmed, there are several things that Maryland residents can keep in mind if they are going to receive a lot of assets after a divorce. First and foremost, getting organized is key. Making a list of all one’s assets, both jointly owned and separately owned going into the divorce process is vital. By knowing what you have, by understanding your prior tax filings, and by knowing what you want coming out of the divorce, the divorce proceedings can continue without the same level of fear and stress.

Creating a budget is also helpful. That budget will need to include daily living expenses, money to put in savings, a budget for legal expenses, and other potentially unexpected costs, which may have previously been paid by a future ex-spouse. In the event that a large divorce settlement is expected to be received, it is vital not to sign any kind of legal documentation until an attorney has reviewed it. That way you can avoid unintentionally signing away your right to a future divorce settlement and other negative consequences.

When in doubt about one’s finances and legal rights leading to a divorce, it is important to consult with professionals. Maryland residents can benefit greatly from assistance from legal and financial professionals during their divorce proceedings. These individuals can help one to navigate the complex property division process to limit emotional turmoil and fear band to ensure that all parties are equally treated under the law.

Source: The Huffington Post, “Sudden Wealth From a Divorce?” David A. Dedman, Aug. 21, 2014

Child Custody

Avoid Child-Rearing Issues During Back-to-School Season

If New Year’s Day marks the beginning of divorce season, what does the end of summer mark? Since most divorces that began in January will be finalizing right about now, just before the school season begins, it marks the end of divorce season. Newly-single parents will therefore be facing a variety of child-rearing issues that they may not have considered as their children go back to school. Fortunately, there are a few things that parents can do to make the transition easier for their kids.

First, it is important to follow the specialized child custody plans that were likely agreed to during one’s divorce proceedings. These plans outline where the children will sleep, where they will go after school, and who is responsible for picking them up and taking care of them on weekends and school days. Sticking to this plan closely can help children feel more stable during the new school year. It can help parents feel more stable as well.

The strategic use of technology can help also parents improve their communication — both with themselves and with their kids. A shared online calendar, for example, can help parents organize after-school activities, homework due dates, parenting time schedules, and other special events.

Favorite teachers and counselors should also be told about one’s divorce proceedings. Indeed, children do not always have the courage or tools to effectively express their feelings. These feelings may come to the surface, though, in the form of drug abuse, bullying, or poor grades. Having teachers aware of what is going home can help monitor a child’s behavior for signs of him or her having a hard time.

While there are many other strategies that divorced parents can employ to avoid child-rearing issues during back-to-school season, there are also situations that sound planning cannot resolve — such as a disagreement between parents on the terms of a divorce agreement. Indeed, in the event that one parent is not following the terms of a divorce agreement, legal measures can be taken to ensure his or her compliance with the law.

Source: The Huffington Post, “5 Back to School Strategies for Divorced or Divorcing Parents” Cheryl and Joe Dillon, Aug. 08, 2014

Child Custody

Parental Alientation

Child Custody cases may raise issues of parental alienation in Annapolis, Maryland family law cases.

The term parental alienation is used to describe a condition in which a child feels an unjustified animosity or resentment towards one parent that appears to have been deliberately caused by one parent in order to frustrate or deny the other parent custody or access. In layman’s terms, the theory behind PAS is that one parent has “programmed” or “brainwashed” the child into having a negative view or attitude about the other parent such that the child refuses to have any interactions or dealings with the alienated parent. Critics of PAS dismiss the syndrome as “junk science” and point to the fact that the American Psychiatric Association has not recognized PAS in its Diagnostic and Statistical Manual of Mental Disorders — the manual that specifies uniform criteria for diagnosing mental disorders.

Maryland courts have not squarely addressed the admissibility of evidence concerning PAS. Nevertheless, Maryland family law attorneys see a range of behaviors that clearly suggest that children are being manipulated by parents in hotly contested custody battles with devastating consequences for children.

When we suspect that a client’s child is exhibiting signs of PAS we will discuss with the client the efficacy of getting a counselor involved to get to the root cause of the child’s alienation and offer strategies for how to overcome the problem. Perhaps nothing is worse for a parent to be fighting desperately to hold on to a meaningful place in his/her child’s life only for the child to reject that parent based on some false negative impression of that parent that was deliberately fostered by the other parent.

I know that there is an expression that all is fair in love and war, but I think the deployment of parental alienation as a tactic has no place in a custody dispute.