Child Custody Archives - Page 3 of 7 - Cynthia H. Clark & Associates, LLC

What You Should Know about Divorce Decree Modifications

Whether your divorce was finalized with an agreement or by a court order, you have options after you sign. Divorce modification is more common than most people realize, and can be a relatively painless process with the help of an experienced attorney.

You may wish to modify your divorce for any number of reasons; your life is not static, and a document you agreed to in the past may become less and less relevant to you as time goes by. Whatever the reasons, the following are the four most common types of modifications after a divorce is finalized:

Child support agreements. With children in the picture, things can change very quickly. A modification to a child support agreement will be necessary, for example, when your minor child reaches the age of majority. This necessitates a formal filing with the court to eliminate child support for the child who is no longer a minor.
Child custody agreements. Loss of a job, promotions, relocations, or even changes in health can affect how a parent is physically and emotionally able to care for a child. A parent who develops a health condition or disease which requires frequent hospital stays or procedures like dialysis may be too tired or weak to offer his or her full parental attention. On the other hand, a parent whose job status has changed may now be offered a more set schedule or different hours, allowing him or her to spend more time with the children than the original order accounted for. With their frequent relocations, active duty military parents can particularly benefit from modifications to a custody agreement, as their physical location may change more often than that of civilian parents.
Alimony agreements. If you are paying alimony, a change in your income or loss of a job can require changes to make sure you do not violate the terms of the agreement and face penalties.

Amending court documents can be complicated, and requires a thorough knowledge of Maryland procedures. If your circumstances have changed recently for any reason, you may benefit from amending your divorce decree. You can make changes to better your life; we can help.

The lawyers at Cynthia H. Clark & Associates, LLC have the skills and experience necessary to successfully modify any family law document, and can thoroughly and expediently aid you. Whether your modification request is met amicably or will require amending a court order, you can count on our experienced attorneys to provide you unparalleled assistance. Please contact us to reserve a consultation at our Annapolis office location.

Child Custody, Divorce

Substance Abuse Adds Complications to Divorce and Custody Issues

An obituary for a young man named Clay William Shephard went viral a couple of weeks ago; in it, his parents explain that they wish to reach anyone who has a substance abuse problem while there is still time for them to do something about it. According to one news source, thousands of people have left comments online in support of the Shephard family, sharing their own triumphs and sorrows about their families’ struggles with heroin and drug addiction, as well as their condolences.

Though the Shephard family lives in North Carolina, we here in Maryland have seen an uptick in the amount of heroin abusers making headlines as well. Addiction often plays a role in a couple’s decision to divorce, as well as the State’s decision to remove children from a home. Drugs ravage families in so many ways – and not all of them are able to offer the beacon of forgiveness and hope that the Shephards have.

The consequences of addiction

If you had told us that heroin addiction would be a genuine concern for our clients a mere 15 years ago, we would not have believed you. Now, it has become as possible (though perhaps still not as common) as alcohol or other types of substance addiction. It most keenly affects people who:

Are married to a user. As heroin has become more and more accessible – and less and less expensive – the number of people who find themselves married to users has increased. This has led to an increase of divorces in Maryland as one spouse refuses to stay married to an abuser who will not, or cannot, seek help.
Are faced with long–rehabilitation programs. People who are undergoing treatment for serious drug addictions may not be allowed to visit with the loved ones right away. The distance can drive some marriages apart – especially if the abuse created rifts in the marriage to begin with.
Have children who are abusers. In some sad cases, couples with children who abuse drugs are pushed apart by how each side wishes to parent those children. Extreme life events, like dealing with the illness of addiction, can add undue stress to anyone’s life.
Must now raise their grandchildren, nieces, nephews or siblings. When your child, sibling or parent is an abuser, it can place the burden of parenting on you. In Maryland, there has been an increase in the number of grandparents, aunts, uncles, cousins and older siblings seeking guardianship – and on occasion physical and legal custody – of the children of addicts. Sometimes these custody battles come out of fear of the children being neglected; in more tragic scenarios, the children have nowhere to go when their parents overdose on the drug.

Families deal with heartbreak every day. Sometimes it makes them stronger; sometimes it tears them apart. The most devastating part of a heroin addiction is how quickly it can start, and how quickly it can lead to a person’s untimely death.

Our hearts go out to the Shephard family, and to those families right here in Maryland who are facing their own personal hells. We hope that those who are dealing with addiction can find access to the treatment they need to live better, healthier and happier lives.

For more information about our family law services in Maryland, we invite you to visit Cynthia H. Clark & Associates, LLC

Child Custody, Family Law

Why We Should Care about Sophia Vergara’s and Nick Loeb’s Embryos

Many people have disregarded the news stories about actress Sophia Vergara and her now ex-fiancé Nick Loeb, whose fight over frozen, implanted embryos has been making headlines. But the issue is actually quite important, especially if you and your spouse are thinking about undergoing, or currently undergoing, the in vitro process.

The whole sad story sums up like this: Ms. Vergara would like to destroy the fertilized embryos being held in storage, now that she and Mr. Loeb are no longer together. Mr. Loeb believes that life begins at fertilization, and therefore would like to raise the children those embryos would grow into on his own.

But who will win such a case? As of now the fertilized embryos cannot be touched, as the contract between Ms. Vergara and Mr. Loeb explicitly states that neither one can destroy the embryos; what it does not say, however, is what should be done if one wishes to move forward. As MSNBC.com reports, multiple states have tried to rule on who gets the embryos in the event of a divorce, only to have those ruling overturned in appellate court.

A dispute with large-scale ramifications

This type of case might seem exceptional, but it is not. As more and more couples are choosing to wait longer to have children – or any myriad reasons – freezing fertilized embryos for later use is becoming a more popular choice. In Ms. Vergara’s and Mr. Loeb’s case, the decision was made to freeze the embryos because, as Ms. Vergara put it, “We just wanted to plan ahead. My boyfriend Nick is three years younger than me and he’s never had a son. I have my son, Manolo, so it’s not that import(ant)… you know, it’s not like an emergency for me to have another kid. For Nick, yes, because he’s never had a baby.” And while the Catholic Church does not approve of in vitro fertilization, other religions may, lending credence to Mr. Loeb’s argument that he cannot see the embryos destroyed for religious reasons.

This is a very tricky area of the law, because the rules governing it are still new. Few rulings have been made, and little precedent set. To that end, it is worth your while to include instructions in the contract with your IVF clinic or in a pre-or post-nuptial agreement about what will happen to fertilized and unused embryos in the event of a break-up between you and your partner.

If it is too late for such actions, it would behoove you to work with a Maryland divorce attorney who has experience in such matters, such as we have. These types of cases require patience, diligence and an in-depth understanding of Maryland’s laws regarding divorce and property assessment.

If you and your former partner are at an impasse over fertility treatments, we invite you to contact Cynthia H. Clark & Associates, LLC today. We serve divorce clients with complex needs throughout Maryland.

Child Custody, Military Family Law

For Active Duty Military, Child Custody Can Be a Nightmare

Divorce is never easy, but for the members of our armed services it can be particularly complex. Military family law cases are handled in civilian courts, but present complicating factors including deployments, military pensions, and child custody. Active service members face unique challenges with child custody cases.

The service requirements of active duty members of the military often involve long deployments that result in long absences from the family unit. Civilian judges can be unsympathetic to duty requirements, instead seeing these absences as a lack of involvement in the lives of any children involved.

Additionally, laws vary from state to state. If the family has been transferred frequently, establishing a “home state” can be difficult, and courts may defer to another state.

To complicate matters further, each branch of service has different guidelines for how support can be allocated. If the ruling of the civilian court is not handled properly, payments will not be made. The civilian court’s ruling technically trumps military policy, which can result in additional paperwork, and therefore additional time on the process, as well.

The Uniform Law Commission

The Uniform Law Commission is a nonprofit association that:

“drafts uniform laws for the states to consider and enact. A uniform act is one that seeks to establish the same law on a subject among the various jurisdictions. When the term ‘uniform’ is used in the nation’s laws, it is highly likely that the ULC drafted the act.

“The ULC also promulgates ‘model’ acts. An act may be designated as ‘model’ if the act’s principal purposes can be substantially achieved even if the act is not adopted in its entirety by every state.”

The ULC has been promoting a model act since 2012 called the Deployed Parents Custody and Visitation Act. Under this act, past deployment and any possible deployments in the future cannot be used against a parent during a custody proceeding. To minimize the impact on children, imminent deployments may be considered.

So far, seven states have enacted the majority of the Deployed Parents Custody and Visitation Act. This year, legislation has been introduced in Minnesota, Arkansas, and South Carolina. We hope that our state, with such a large number of active service members, will ultimately see the light and enact legislation that will alleviate the burden of child custody hearings on our armed forces.

Divorce can be difficult; choosing the right attorney should not be. Cynthia H. Clark & Associates, LLC has successfully represented military couples throughout Maryland. Please contact the firm to reserve a consultation.

Child Custody

Woman Loses Child Custody, Retains Rights to Embryos

Can a parent argue for custody of an unborn, un-implanted embryo? In a case that treads the line between property division and child custody, a Maryland woman has been awarded custody of nine frozen embryos she created during her marriage to her now ex-husband. The case demonstrates the evolution of child custody and divorce law throughout recent years.

The custody case also included the couple’s 3-year-old daughter, who had been conceived with one of the embryos in question. The pair split up in May 2012, but they have argued over the custody proceedings for several months.

The ruling, the first of its kind in Maryland, allowed the woman to retain custody of the frozen embryos. Legal representatives reported that the embryo’s father had wanted to have them destroyed. The judge in the case upheld a legal document that had been signed at the fertility center at the time of the fertilization; that document permitted the woman to maintain custody of the embryos in the event of a split.

Attorneys for the father argue that the ruling is taking away their client’s right to determine whether he would like to be a father again. The man is dismayed about the decision even though he was awarded sole custody of the couple’s daughter, largely because the mother was deemed unfit during courtroom proceedings. The man said he worries about the welfare of his future children because his ex-wife wants to conceive again.

Still, an ethical argument against the ruling persists, with experts calling the decision a matter of public policy instead of a simple personal choice. If women can opt for abortions, why should a man have to consent to father more children than he wants? Attorneys argue that the same rule should apply to both genders. The man’s attorneys have filed a stay to prevent the woman from implanting another embryo, though that request has not yet been confirmed.

Source: Greenbelt Patch, “Maryland woman wins custody of frozen embryos,” Bailey Henneberg, Jan. 7, 2013.

Child Custody

Avoiding Child Custody and Other Divorce Problems Over Holidays

Being divorced on Christmas can present new challenges. Indeed, many newly divorced Maryland residents find the holidays one of the most difficult times of the year from an emotional standpoint, and the intensity of those emotions may take them by surprise. However, there are a few things individuals can do to keep the spirits high this holiday season.

If you have children, you may find it more difficult buying presents and taking care of the holiday responsibilities by yourself. One thing you can try is to maintain the tradition of decorating your home and other traditions that your family used to do, but simplify them. Put out less decorations. Ask for help when cooking holiday meals, and try making them less elaborate. This will help keep the holiday stressors at a minimum.

It is also advisable not to spend your holidays alone. If you do not have children, make sure to spend the holidays with family or with a friend. Most people will probably extend an invitation to you if you are alone during the holidays. Also, try not to argue about who the kids will spend a particular holiday with, where possible. Visitation schedules should have already been pinned down for holidays in the divorce agreement but even if a disagreement does arise, try to remember that your children will be happier if you and your ex-spouse do not fight over them.

If child-rearing issues and family time do become an insurmountable hurdle during the holidays, a divorce attorney or family law attorney may be able to help. Just remember to try and keep conflict at a minimum and that less stress means a happier holiday season for everyone.

Source: divorcesupport.about.com, “How To Reduce Holiday Stress During And After Divorce” Cathy Meyer, Dec. 25, 2014

Child Custody

Producer Randy Jackson and Wife to Divorce

Randy Jackson, the “American Idol” judge, will soon be entering into the divorce process. His soon-to-be ex-wife, Erika Jackson, filed for divorce on Friday in Los Angeles. She is asking for joint legal custody and full physical custody of their son, Jordon, who is currently 17 years of age. The couple also has a daughter together, but she is an adult.

Erika Jackson has also asked for spousal support, and she wants to be compensated for attorney’s fees. The couple has been married for 18 years, and the divorce announcement has been revealed only a few weeks following Randy Jackson’s sale of a $1.9 million West Coast home.

Erika Jackson is not Randy Jackson’s first wife. The music producer was previously married and has a daughter with his first wife. It is unknown what kind of child custody arrangements were made in the previous marriage. Randy Jackson’s first marriage has been dissolved since 1990.

Divorce is never easy, no matter how many times one has to go through the process. Also, for a celebrity like Randy Jackson, the process can be even more difficult as it becomes the subject of media scrutiny.

Randy Jackson — like many individuals in Maryland — has been through the divorce process before and this experience might help him to better handle the legal and financial details pertaining to his separation. Similarly, an experienced divorce attorney — who has taken his or her clients by the hand through divorce proceedings time and time again — will have the ability to help individuals navigate their divorces with success.

Source: thegrio.com, “Randy Jackson’s wife files for divorce” Sep. 29, 2014

Child Custody

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

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”.

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