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In the years since the U.S. Supreme Court ruled that marriage equality would be the law of the United States, state laws have been changing and adapting to same-sex marriage and the consequences it has for families and family law issues.

It turns out that the Supreme Court decision regarding marriage equality was just the first step for same sex couples and their families. Here we will share brief snippets of news stories about legal changes that are going on across the country that will have an impact on same-sex marriages and families.

Polls show growing support for same-sex marriage

In a poll conducted by the Pew Research Center for U.S. Politics & Policy, Support for Same-Sex Marriage Grows, Even Among Groups That Had Been Skeptical. Pew research polling indicates that 62% of Americans now say that they favor allowing same-sex marriage while 32% are still opposed to the idea. The article talks about how views on same-sex marriage have shifted dramatically in recent years, and in this research study, which was conducted in June 2017, among 2,504 adults, researchers found striking support for same-sex marriage among demographics and partisan groups that had, until recently, broadly opposed it.

Arkansas must now list both same-sex parents on birth certificates

On June 26, 2017, the Supreme Court of the U.S. ruled that, as per the Obergefell v. Hodges decision that entitles same-sex couples to civil marriage, “on the same terms and conditions as opposite-sex couples,” the state of Arkansas is now required to list gay spouses on birth certificates. The state law in Arkansas had required that the male spouse be listed on the birth certificate when a woman gives birth to a child, however, the Arkansas Supreme Court held that state law did not have to apply in the same way for same-sex couples.

The case Pavan v. Smith was brought to the Supreme Court by two same-sex couples who were married, and who had conceived by artificial insemination. The Arkansas Department of Health listed only the mother’s name on the birth certificates because the state law said that only husbands can be listed on a birth certificate.

Supreme Court Justice Gorsuch dissented, writing, “Nothing in Obergefell indicates that a birth registration regime based on biology, one no doubt with many analogues across the country and throughout history, offends the Constitution.”

Judge in Kentucky recuses himself from adoption cases for “homosexual parties”

While some stories have good news for the cause of the acceptance of same-sex marriage and family, others represent a more entrenched way of thinking. In Kentucky, Judge W. Mitchell Nance has issued an order recusing himself from adoption cases involving “homosexual parties” as a matter of conscience, because “under no circumstance would the best interest of the child be promoted by the adoption by a practicing homosexual.” In a story in the Courier-Journal, some experts said the judge may be violating rules by issuing a blanket refusal to hear same-sex adoption cases.

If you are a same sex couple facing a family law dispute, you will benefit from the services of an experienced Annapolis divorce attorney. We encourage 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.

Members of the United States Armed Forces have a unique set of circumstances governing relocation after a divorce in Maryland. When you are on active duty, you have certain legal protections to your custody rights under the Servicemembers Civil Relief Act (SCRA), which allow you to maintain your current custody agreement, as laid out in your Parenting Plan, in the event of military relocation for at least 90 days. When you submit a military relocation request in writing, you will be granted an automatic stay of administrative and court proceedings. A family law judge can also choose to lengthen this time period at his or her discretion, but that will largely depend on your specific situation. To submit a relocation request, invoke your rights under SCRA, and better understand your options for relocation, it is best to seek the counsel of a trusted Annapolis child custody attorney.

Protecting family dynamics after military relocation

If you are the military parent seeking relocation or undergoing deployment, it is necessary to work with your former spouse, your Annapolis child custody lawyer, and your children to construct and enact a situation conducive to a workable family dynamic. When Parenting Plans are created during divorce proceedings for military parents, it is often necessary to consider contingency plans and alternative arrangements that allow the military spouse(s) to serve their country without losing custody of their children.

Some circumstances that could be impacted as a result of your need to relocate for military service are:

• Frequency of visits
• Delineation of custody, including primary custody
• An increased need for flexibility of visits
• Amount you are paying in child support
• Family dynamics
• Ability to support your children in school and extracurricular activities (coaching, attending recitals, and sports games)

Additionally, if your military relocation is more permanent and will affect your current arrangement with your former spouse, you will need your attorney to advocate on your behalf to a judge. If you have not been given 90 days’ notice prior to your relocation, a judge can waive that requirement.

Your ability to serve your country and your children’s welfare are equally important. A trusted Annapolis child custody lawyer will be able to walk you through this process and assist you in obtaining the most effective and workable outcome for you and your family. In most military relocation cases, having an attorney as your advocate is the best decision.

At the law office of Cynthia H. Clark & Associates, LLC, we respect and appreciate your service to our country, and we want to ensure you have a custody arrangement and Parenting Plan that works for you and your children. We can help you navigate the reporting and court processes, and will seek fair custody arrangements on your behalf. Our firm offers compassionate advocacy and ample experience working with military families. To reserve a consultation time, please call 410-990-0090 or complete our contact form. We serve clients throughout Maryland.

With the legalization of same-sex couple marriages in America, more and more same-sex couples are opting to have children. As of May 2017, it is reported that more than 25% of all Maryland same-sex couples currently have children.

There are protections in place for LGBTQ parents – the Court of Appeals ruled in July of 2016 “that people who have raised children but do not have a biological or adoptive relationship with a child can still be recognized as their legal parents,” as reported by the Baltimore Sun. When a child is born, however, only one male and one female or two female partners may be listed as parents. Two male partners cannot, at this time, be listed on the birth certificate in Maryland without a second parent adoption.

Same-sex couples and the stepparent procedure

A second parent adoption, also sometimes called a co-parent adoption, is an additional way for same-sex couples to both become the parents and guardians of their child in the eyes of the courts. (Adopting your child with your partner does not preclude them from also being designated as a parent to your children.) This is a typical practice for same-sex couples that have, or desire to have, children, and these adoptions are recognized nationwide.

Many times, this means that one parent in a same-sex couple will need to avail themselves of their state’s stepparent adoption procedures. This does not mean that the adoptive parent is treated like a step-parent – these are the only statutes in place in Maryland as of now. It is legally advisable for the non-biological parent to obtain adoption documents in case of a divorce.

If you have children and are embarking on a same sex divorce, it is in your best interest to have an adoption or parentage document laying out your parental rights prior to working with a Maryland divorce attorney. It is well within your rights to have access, visitation, or child custody after a divorce, and if you are the non-biological parent of your children, pursuing adoption options can help you protect that status, in the event that your divorce becomes contentious.

All parents should be able to see their children after a divorce, regardless of sexual orientation. Cynthia H. Clark & Associates, LLC is a premier Annapolis-based family law firm. We offer compassionate and skilled representation to same-sex parents throughout Maryland. To reserve a consultation, please call 410-990-0090 or fill out the firm’s contact form.

Related Articles

• Annapolis Adoption Lawyers
• Second Parent Adoption Rules and Precedent in Maryland Same-Sex Divorce
• Maryland’s Laws Went into Effect on October 1, 2016
• Native American Man Loses Custody to Adoptive Parents
• Establishing Paternity in Maryland for a Child Born Out of Wedlock

One of the most important factors in a parent’s ability to maintain a bonded relationship with their child, and to have a consistent, reliable presence in their life, is their geographic location. When the custodial parent decides that they want to move, Maryland law has a process that they must follow prior to doing so. The custodial parent, however, should take into consideration the impact that the move will have on the child.

Considering the child’s perspective on moving away

While children are quite resilient and adaptable, they do need stability. Children thrive when they have a safe, secure and stable foundation at home. The court will ask many questions about the move to try and determine if the move is being undertaken in the best interest of the child. If the move is for a new, better paying, more stable job, then the judge may rule that it will improve many aspects of the child’s life. If, however, the custodial parent wants to move 500 miles away to be closer to their new love interest, and the child must leave their familiar surroundings of home, school, friends and recreational opportunities, the move is likely not in the best interest of the child.

Legal requirements for relocation after Maryland divorce

The parent who has primary residential custody of the child may be required to give the court and the other parent at least 90 days written notice of their intent to move. This notice requirement is waived if the parent requesting the move can show the court that providing the notice would expose the child or party to abuse, or if they can show any other good cause. If a party is required to move in less than 90 days, they need to show that the move is required for financial or other extenuating circumstances, and that they gave notice in as reasonable amount of time as possible after learning that they had to relocate. The court may use any violation of the notice requirement as a factor in future custody proceedings. (MD FL §9–106)

What if you are opposed to the relocation?

If your former spouse is the one who has filed the notice to relocate, you do have the right to object. You should know, however, that Maryland places “the burden on the opposing parent to show that the move constitutes a change in circumstances triggering a modification hearing. If established, the court then addresses the child’s best interests.” This can pose a particular problem for military families, where one half of the couple is relocated to another base within the country.

Balancing the best interests of your child with your own needs and life challenges can be difficult. At Cynthia H. Clark & Associates, LLC, we guide you through the difficulties deciding child custody and adjusting to co-parenting after divorce. We invite you to complete our contact form or call us at 410.921.2422 to schedule a consultation. Our skilled Annapolis child custody attorneys are here to protect your rights and guide you through resolving disputes

Child support debt is a major issue for divorced parents. Getting your life on track after a divorce can be a challenging task. Adjusting to meeting all your expenses on a single paycheck and adjusting to single life again is not easy, and adding child support payments often feels overwhelming. A 2015 NPR report found that there is more than $113 billion in unpaid child support in the United States. Non-custodial parents who fall behind on child support payments might be in a panic about what those delinquent payments might be doing to their credit report.

How does delinquent child support show up on my credit report?

When you owe more than $1,000 in delinquent child support, the Maryland Child Support Enforcement Administration (CSEA) can report your debt to the credit reporting agencies, who can list it as a tradeline or delinquent account on your credit report. Having delinquent child support on your credit can have a negative effect on your credit score. In some cases, being behind on child support payments can be as bad a hit to your credit as if you had missed a mortgage payment.

This can make it difficult to get new lines of credit. It could keep you from qualifying for a mortgage and it could even tarnish promising job prospects if a potential employer runs a credit inquiry while performing a background investigation on you.

If you are behind on child support payments and you receive a delinquency letter from the CSEA, it is a smart idea to contact them quickly and find a way to resolve the debt as soon as possible before your delinquency gets reported to the credit bureaus.

Child support enforcement

If you are owed child support, there are ways in which you can encourage your co-parent to pay. As the amount of delinquent child support and the number of days since the last payment increases, the consequences for non-payment grow increasingly intense. Your Annapolis family law attorney can send your former spouse a letter requesting payment; and they can petition the court for a court order demanding that they bring their child support arrears current or face penalties such as wage garnishment. The Maryland Child Support Enforcement Administration has additional tools such as federal and state income tax refund offset, passport denial, suspension of a driver’s license and professional licenses and other enforcement tools to encourage payment of child support.

With more than 30 years of combined legal experience, the family law attorneys at Cynthia H. Clark & Associates, LLC, are here to help families like yours end their child support disputes throughout Maryland. You are welcome to contact us or call 410.921.2422 to reserve a consultation today at our Annapolis-based office.

Regardless of how amicable or acrimonious the divorce was, once the divorce is final your role as a divorced co-parent begins. Co-parenting gracefully is something that takes time to grow into, but you will know when you get there. You will be interacting with your former spouse on a regular basis when you pick up the kids or when they drop them off, at birthday parties and other family events into the future, and you would be smart to find a way to make those interactions as smooth and drama-free as possible. When you model successful co-parenting, it will do wonders for your child.

Joint custody requires team work, and for both parents to place the highest priority on providing the best care for the child. It is up to each of you to make sure that your divorce does as little damage to your child as possible. Making the commitment to be all-in, to keep your promises to your child, to make them a priority, and to be at least cordial to your former spouse is the first important step on the road to successful co-parenting.

Here are a few tips to guide you through the initial, sometimes rocky first stage of co-parenting and managing joint custody after divorce:

Agree to make decisions with the child’s best interests in mind. What is convenient for you and what makes you feel comfortable does not matter now. What is important is that the decision-making process and the outcome best serves the child’s best interests. Get comfortable with the concept of compromise for your child’s greater good.

Stick to the custody agreement. In Maryland, joint custody is also called shared custody, and it means that both parents share physical custody of the child in a way that makes sure that the child has consistent contact with both parents. The parenting plan which includes the custody agreement has the force of law, so violating it has legal consequences. If you both agree to follow the visitation schedule, and the duties and responsibilities assigned to each parent it would make life go smoother for everyone.

Keep the past in the past. Resist the urge to keep trying to seek revenge or re-visit old hurts and disagreements. Now the only purpose of your relationship is to raise a child together.

Develop a new relationship with your former spouse. If the divorce was ugly, adopt a new kind of relationship. If it helps, consider your spouse as a business partner and make sure that all your interactions and communications are limited to the topic of your child.

Take a co-parenting class together. Co-parenting is hard. Learning how to manage it from parenting professionals will help ease some of the stress you might be feeling.

Communicate clearly and openly with your co-parent. Come to an agreement on how you will communicate about the child. If you must change a pick-up or drop-off time, communicate that as soon as you know about it to your co-parent. Do not send messages back and forth between the two of you through your child.

The transition from being a family in one household to being shuttled back and forth between the households of divorced parents is disruptive to the child’s foundation in life. The more you can work together to create a new kind of stability, the better your child will adjust to life after divorce.

At Cynthia H. Clark & Associates, LLC, we guide you through the challenging process of deciding child custody and getting on with your life after divorce. We encourage you to contact us or call us at 410.921.2422 to schedule a consultation in our Annapolis office to discuss your case with an experienced Maryland divorce attorney today.