Category: Child Custody

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.

The music artist named Future has settled a child support and child custody dispute regarding his 11-year-old son. The rapper — who is famous for the song “Turn on the Lights” — has agreed to pay the mother of his child more money in child support so that she and the child can relocate to a better school district.

Specifically, the singer will pay approximately double his previous child support amount of $1,200 per month. The ex-couple also settled a child custody dispute regarding who the child spends holidays with. Another part of the agreement involved the mother moving to a new area, where the child can enroll in a better school.

The settlement reached in this family law matter is indicative of how such disputes can be resolved in a lot of different ways. Indeed, Maryland parents can reach a settlement agreement with the mother or father of their child to change residence so that the child will live closer to them. Some may — like Future in this case — may also choose to make an agreement so that the child will attend a better school. Depending on the needs, wants, or goals of both parents, they may also be able to negotiate the amount of child support payments and vacation time arrangements in order to achieve their goals.

Future recently became the father of another child, his fourth, with his current wife-to-be. Whether they will have any more children in the “future” and whether those children will later become the focus of another child support or child custody legal dispute will remain to be seen.

Source: contactmusic.com, “Future Settles Child Support And Custody Battle With Ex” Aug. 01, 2014

Jim Isray, the owner of the Colts, has been ordered to give his testimony as part of a child support hearing. The father of the children in the child custody suit has asked for Isray to be barred from having contact with his kids. The mother of the children is currently living in a home that Isray owns. Their father believes that Isray is a drug addict and therefore, should not be allowed to see his kids.

In a letter written to the court, the father said that he does not want his children to be subjected to substance abuse behavior. He further wrote that money cannot buy self-respect or morals.

According to court papers, the children were allegedly at home with their mother, in the house that Isray owns, when Isray was arrested for DUI just blocks away. The father of the children claims that the Colts owner’s court testimony will reveal what kind of conditions his children are forced to endure at their home. The man has also requested Isray’s medical records be presented as evidence of his addictions, which would negatively influence his children.

Parents in Maryland who are in the midst of a child custody disagreement with an ex-spouse who has a drug addiction problem may be able to use evidence of the addiction to their favor in child custody proceedings. Maryland family courts always strive to make decisions in the best interest of the child, and in cases where children are in danger of being exposed to drug addiction and/or other types of unlawful behavior, the courts will make appropriate decisions to safeguard and protect the children from such exposure.

Source: Source: NBC Sports, “Jim Irsay ordered to testify in the child custody case,” Michael David Smith, July 9, 2014

Joint custody is not presumed by Maryland courts to be the custody arrangement in the best interest of children.   Maryland courts decide custody based upon the “best interests of the children” legal standard.  Generally speaking, Maryland courts tend to hold to the view that children should have a meaningful relationship with both parents to the extent that is possible.  However, the court will not presume that joint custody is in the best interest of the child.  Maryland courts determine custody on a case-by-case basis considering the individual circumstances of each family and a host of different factors.  For that reason, it is difficult to predict the outcome

Because the “the best interests of the child” standard for custody determination is rather nebulous, it is not easy to know what set of factors tips the balance more in favor of one custody decision versus another.  In light of that fact, it is often advisable for parties to reach their own agreement regarding custody, guided by an experienced Annapolis, Maryland family law attorney or mediator, rather than leave the decision to a family law judge who will have limited visibility into the needs of a particular child and the personal dynamics between the parents.  One saving grace is that custody decisions are not fixed in stone and may be modified upon a “material change in circumstances.”

As family law attorneys in Maryland, the issue of child custody is perhaps one of the most hotly disputed areas in family law.  The stakes for parents and children alike are enormously high.  And it is not uncommon that regardless of the outcome, one side is unhappy with the court’s decision.  As Maryland family law attorneys we are frequently asked by clients to assess their chances of getting the custodial arrangement that he/she desires.  To do so is not a small task.

When a Maryland couple is undergoing a divorce and a child is involved, the best interest of the child will be a paramount concern. Not only can divorce take its toll on parents, but custody disputes and other aspects of separation can affect children negatively. Indeed, one recent study showed that children — especially boys — have a higher propensity for obesity if their parents are divorced.

The study, which was conducted by researchers in Europe, revealed that children of divorced parents had a 50 percent higher likelihood of being overweight. Even more, the children of divorced parents were more likely to be overweight than the children of parents that were never married. Even after researchers adjusted the figures to account for other popular child obesity contributors — like lack of education in parents — children whose parents were divorced still had a higher likelihood of being overweight.

The results proved even truer for boys. When zeroing in on male children, they had a 63 percent higher chance of being overweight if their parents have split up. Nevertheless, researchers admit that there is no clear way to tell if it is the divorce itself that is making these children gain extra weight. One interpretation offered is that divorce can lead to poorer economic conditions for parents. Poorer economic conditions, in turn, can result in a higher chance of childhood obesity.

Although researchers did not wish to speculate too extensively on why children are more obese, they do confirm a strong connection between the two. For this reason, Maryland parents going through a divorce may wish to take special care to ensure that their children’s emotional, nutritional, and physical needs are met in their entirety. It can be difficult post-divorce, and child custody disputes can be stressful and emotionally draining. However, parents can still do their best to ensure their children receive all the love and care they deserve.

Source: Time, “Boys of Divorced Parents Twice as Likely to Be Obese” Belinda Luscombe, Jun. 04, 2014

Maryland residents who are familiar with the popular daytime talk show “The View” may be surprised to know that one of the show’s stars has separated from her husband. Sherri Shepherd has reportedly kept many of her relationship problems out of the spotlight. Even her close friends were surprised to learn that her husband is pursuing a legal separation.

Shepherd’s divorce involves some unusual child custody issues because she and her husband were employing a surrogate to have a child. That baby has not yet been born. Insider sources say Shepherd had not revealed that she was expecting a child through a surrogate. She is known to carefully protect her personal privacy.

Reports show that the 47-year-old woman’s husband filed for legal separation on May 2. Courtroom documents revealed that the couple is expecting a child via surrogate. It appears that both parties are gearing up for a child custody fight, with Shepherd’s soon-to-be ex-husband, Lamar Sally, seeking full custody of the boy.

It appears that Shepherd’s ex is attempting to invalidate their prenuptial agreement. He is accusing Shepherd of fraud. News reports have not indicated the nature of the alleged fraudulent activities that occurred. Sally is also asking the court to grant the woman only “reasonable” visitation rights, though that term has not been formally defined.

Child custody issues involving surrogates still cause some stir in Maryland and other jurisdictions. Parents who are considering recruiting the help of a surrogate should pay close attention to the legal requirements in their state. This case has the potential to become particularly complicated because the couple’s child has not yet been born. Parents are urged to consult with a family attorney before using a surrogate in order to plan for contingencies such as this situation.

Source: People Magazine, “Sherri Shepherd Split and Baby News a ‘Shock’: Source” Alexis L. Loinaz and Charlotte Triggs, May. 10, 2014

Although most of our child custody discussions center on the rights of parents after a divorce, a variety of other custody situations also require the help of a family attorney. Maryland residents may be surprised to learn that the state may seize custody of their children because of parents’ medical decisions. In one landmark child custody case in nearby Massachusetts, a judge has decided to award permanent custody of a 15-year-old girl to the state after allegations surfaced of medical child abuse from her parents.

The drawn-out legal battle began after the Department of Children and Families seized custody of the girl in February 2013. A diagnostic dispute had occurred between physicians at Boston Children’s Hospital and nearby Tufts Medical Center. Tufts physicians argued that the girl was afflicted with mitochondrial disease, which is a rare genetic disorder. Physicians at Children’s, however, asserted that the girl’s medical issues — including difficulty walking and swallowing — were largely psychiatric in nature.

The young woman remained hospitalized at Children’s for nearly a year. She has since been moved to a residential facility in another town, despite objections from her parents. Those family members are looking to return the girl to Connecticut.

News reports indicate that the girl’s parents are concerned that she has simply been treated like a piece of property. They say they want their child to return home, though they are so emotional that they cannot yet explain their next steps. Although Massachusetts officials say they want to help the girl return to her home state, a judge in the case has decided that the best interests of the child necessitate treatment at the residential facility.

Parents who are concerned about losing their child custody rights because of unfair government action may benefit from the assistance of a family attorney in Maryland. These professionals may provide additional information for child custody cases that occur within the context of a divorce. Parents have specific legal rights in court, and a Maryland attorney may help protect those rights during child custody disputes.

Source: Boston Globe, “Mass. granted permanent custody of Justina Pelletier” Patricia Wen, Mar. 25, 2014

A 7-year-old girl is in the care of an unrelated caregiver after a brutal killing in her home. The child’s mother has traveled from her home in Maryland to seek child custody rights in the case after the tragic incident, which occurred in a Florida residence. Authorities say that the 43-year-old woman is seeking child custody after the girl’s father allegedly killed that child’s grandmother.

Official reports show that the child’s father accosted the grandmother with a variety of objects, attempting to choke her with several implements and injure her with a box cutter. The defendant ultimately is accused of hitting that woman’s head with a sledgehammer, causing fatal injuries. The defendant then took his daughter to a friend’s house before turning himself in at police headquarters in the Clearwater area. So far, the child’s mother has not been allowed to contact her daughter.

The mother divorced the child’s father in 2010 after a four-year marriage. The man was granted full custody; his ex-wife said she thought the girl would be better off in that relatively stable home. The mother said that she did not have a steady income, and she was impoverished at the time of the divorce. As a result, she decided that it would be in the best interests of the child to stay in Florida. The woman did not have a frequent visitation schedule, but she saw the child several times per year and often spoke to her on the phone.

Child custody disputes that arise because of violent crime may be difficult for all parties involved. The woman, in this case, has indicated that patience will be the key to recovering her child, but the outcome remains uncertain. Maryland family attorneys may be able to assist parents who are attempting to retrieve their children from such dangerous circumstances.

Source: Tampa Bay Times, “Mother of Clearwater girl whose grandmother was slain wants custody” Laura C. Morel, Feb. 28, 2014

Maryland parents who are involved in custody disputes may have experience with a spouse that resists court-ordered custody arrangements. Well-known entertainer Tyrese is again engaged in the ongoing custody feud that has defined much of his relationship with his young daughter, proving that celebrities sometimes experience the same family law issues as less-famous folks.

Recent reports show that the man was denied access to the 6-year-old child, even though he was scheduled to participate in a child custody transfer. The actor’s ex-wife refused to turn over the girl during a Feb. 11 encounter, which ultimately ended up involving the police and at least one entertainment news outlet. The actor is planning a legal response to the custody debacle.

Tyrese’s representatives tell sources that the entertainer’s ex-wife refused to hand over the child, possibly because she was sick at the time of the scheduled transfer. The man’s publicity team said that Tyrese called police to the scene, while his ex-wife allegedly notified popular news outlet “TMZ.” Authorities have not confirmed which parent sought help from police officers.

The actor and his ex-wife have been feuding over child custody matters since 2009 when their divorce became official. The ex-wife has recently filed legal accusations alleging that the man was ignoring his child’s needs. Reports show that the famous actor traveled abroad after the recent death of his “Fast & Furious” co-star Paul Walker. The child’s mother believes Tyrese should have spent time with his daughter in the United States, instead.

Even celebrities can become involved in ongoing custody disputes. Maryland parents who are concerned about provisions in their child custody arrangements may benefit from a consultation with a family attorney. These professionals can provide additional information about legal options for embattled parents.

Source: BET, “Tyrese Clashes With Ex-Wife Over Custody Agreement” Latifah Muhammad, Feb. 13, 2014