Category: Family Law

Many situations can present an opportunity to adopt a child in this ever changing world. The deaths of parents often result in an adoption by a family member, also known as a kinship adoption. Children given up by their biological parents, or who have been removed by the state and placed in the foster care system, may become part of another family when a kinship adoption is not suitable.

Adoptions may be open or closed. An open adoption allows the potential for contact between the biological parents and either the adoptive parents, or child, based on the parties’ agreement. A closed adoption will effectively cut all ties between the previous parents and the child’s new family to eliminate any confusion for the child, or interference that could hinder bonding of the new family unit.

Regardless of the type of adoption, the court will always consider what is in the child’s best interests, and has the authority to make changes accordingly.

The purpose of Maryland adoption laws is to ensure that the child’s best interest are served by being placed with a prospective parent who is fit for the responsibility. Some ways the laws attempt to do this include:

• Trying to keep biological parents and children together, though that isn’t always possible.
• Preventing parents from giving up their legal rights to their children without taking time to think it through.
• Protecting prospective adoptive parents by providing them information about the child, and ensuring their relationship with that child will not be disrupted by the former parents.

Whatever the scenario that brought a great prospective parent and adoptive child together, there are times when the adoption process is halted.

Why an adoption may not go forward

If the biological parents’ rights have not previously been legally terminated by the state, or voluntarily by the parents themselves, written consents to relinquish those rights have to be obtained before an adoption can be granted.

Because consent to adopt a child may only be given after the child has been born, a pregnant mother who chooses a family to adopt her child has a right to change her mind and stop the adoption proceedings. Even if the biological parents have already consented after birth, they have a 30-day window of time to think about their decision, and may change their minds when confronted with the reality of losing a child.

If the prospective adoptee is a minor child, or cannot participate in the adoption process due to another disability, an attorney must be appointed to represent him or her. Failure to appoint an attorney typically delays the adoption process until the conditions are met. However, there is always the chance that the biological parents could regret their choice and withdraw consent in the interim.

The possibility also exists that a biological father, who has been absent from the child’s life, or did not know that he had a child until the adoption process began, suddenly comes forward. This can result in the father refusing to consent to the adoption, and possibly retaining custody, or may merely cause a delay until the proper written consent is obtained.

Another unforeseen problem with consent can arise in adoptions when the presumed biological father is found to be a mistake. The adoption cannot proceed without making attempts to locate the true biological father, which again, can result in either obtaining consent to adopt, or losing a child you already feel is part of your family.

Less often, an adoption falls through over a legal or administrative technicality. Errors in obtaining signed forms, or failing to follow proper procedure based on the type of adoption, can hold up the process. Adoption is stressful for prospective parents, who are nervous that they could be forced to walk away without a child to whom they already feel emotionally connected.

If you are seeking to adopt a child, unnecessary time spent waiting for finalization of an adoption has the ability to cause devastating consequences for everyone involved.

Minimize your risk of heartache by hiring an adoption lawyer who knows what you will be going through, and will take every available precaution to ensure the process goes smoothly. Consult with the understanding attorneys of Cynthia H. Clark & Associates, LLC to help you plan for the best, and prepare for the unexpected considerations of adoption. To speak with an Annapolis adoption attorney, we may be reached through our contact page, or by phone at 410-990-0090.

How we define the word “family” is growing and evolving as the culture evolves and the laws shift to accommodate the way people are living their lives. A de facto (“in fact”) parent is someone who has developed an important relationship in the life of a child. It is a person who has cared for the child, offered loving, caring support for the child, and developed an emotional bond with the child. Non-biological parents who have invested time, love, and attention in the life of a child can now be granted legal rights and responsibility in the life of the child for which they have been caring.

By recognizing de facto parent status, Maryland law has offered non-biological parents and caretakers legal standing regarding child custody and visitation.

How de facto parenting is helping non-traditional families

In cases where the biological parents are no longer able to care for their children, de facto parenting status has helped other family members show they provide direct care. For example, our firm has experience representing grandparents whose adult children have died, or who have become addicted to drugs or alcohol; our clients’ grandchildren often live with them, and they are the primary caregivers.

Before, one option grandparents had was to legally adopt their grandchildren, a process they could not undertake if the parents did not lose, or give up, their parental rights. Other options included becoming the grandchildren’s legal guardians, or their custodians via parental consent. Now, because Maryland recognizes de facto parenting, we can use this concept to acknowledge the direct caregiving role that they have played in their grandchildren’s lives.

Grandparents and grandchildren are not the only beneficiaries, of course. De facto parenting status can also help adult children who care for younger siblings, as well as stepparents who are the primary caregivers of those children.

De facto parenthood and same-sex parents

When a same-sex relationship between the biological parent and a non-biological parent comes to an end, the non-biological partner could lose access to the child. In the past, if the non-biological parent wanted to pursue custody and visitation, he or she would have to prove the unfitness of the biological parent or prove exceptional circumstances. Now that de facto parenting status has been recognized by law, if non-biological parents want to pursue custody and visitation, they have legal standing to do so.

The first step in pursuing custody and visitation is to be declared a de facto parent, which must be decided by the court. The Supreme Court of Wisconsin established the tests for this process (In re Custody of H.S.H.– K 533 N.W.2d 419 (1995)), which Maryland adopted. There are four elements that must be addressed:

• “the biological or adoptive parent consented to, and fostered, the petitioner’s formation and establishment of a parent-like relationship with the child;
• the petitioner and the child lived together in the same household;
• the petitioner assumed obligations of parenthood by taking significant responsibility for the child’s care, education, and development, including contributing towards the child’s support, without expectation of financial compensation; and
• the petitioner has been in a parental role for a length of time sufficient to have established with the child a bonded, dependent relationship parental in nature.”

If your petition is approved, you would be on an equal legal footing with the child’s biological parent regarding the care, custody, and control of the child.

If you are in the process of ending a relationship with a partner, and you are concerned about being able to continue your relationship with the child, it is important that you work with an experienced Maryland family law attorney who can assert and protect your right to pursue custody and visitation. If you are a parent who is concerned because someone is trying to pursue de facto custody rights of your child, we can help you with that as well.

At Cynthia H. Clark & Associates, LLC we are here to advocate for the best interests of your child. Our family law attorneys protect you and your family in all matters of family law. To reserve a consultation at our office in Annapolis, please call 410.921.2422 or fill out our contact form.

In light of today’s continually changing legal landscape, we thought it would be a good time to re-visit the concept of second parent adoption. Briefly, second parent adoption is when one partner legally adopts his or her partner’s child, to secure legal and equal rights as a parent.

The importance of handling your second parent adoption in Maryland

Things can be even more difficult for LGBTQ couples who are unmarried (because there is no presumption of parentage for the non-biological parent), or for couples who get together after a child has been born. There has been a rash of news stories about other states which discriminate against gay couples who wish to adopt, too. A Reuters report from 2018 states that “Nine states have laws allowing state-funded, religiously affiliated adoption agencies to refuse to place children with gay people based on religious beliefs. Republican-governed Kansas and Oklahoma passed such laws this year. Alabama, Mississippi, Michigan, North Dakota, South Dakota, Texas and Virginia all have similar laws.”

There is no reason to believe that a state which would deny an adoption to a gay couple would not also find a way to block a second-parent adoption. This is why handling your second parent adoption in Maryland is so important. Not only is it protected by our laws, but it can safeguard your and your child’s rights if you ever decide to move. An adoption is a judicial order – not a presumption – and must be followed by law.

Who can benefit from an Annapolis second parent adoption?

As you know, there’s no one way to make a family. Second parent adoptions can be advantageous for special situations like:

• One partner completed an adoption on his or her own, and the other partner is ready to legalize his or her parental relationship with the adopted child.
• A same-sex couple who could not jointly adopt in the past wants to now protect the non-adopting partner’s legal rights to their child.
• An LGBTQ couple has a child through assisted reproductive technology and only one partner is considered the legal parent of the child.

No matter what your family situation, it’s important you consider all possible legal repercussions. Today, there are so many ways to become a happy family. What’s most important is that you protect your parental rights and the rights of your child. If you’re unsure about what type of adoption might be most appropriate for you and your family, talk to an experienced Annapolis family law attorney for guidance.

The family law attorneys at Cynthia H. Clark & Associates, LLC are experienced in all aspects of adoption. Our goal is to ensure and protect the rights of you and your children. To reserve a consultation at our office in Annapolis, please call 410.921.2422 or fill out our contact form.

In a groundbreaking move, Maryland has become one of two states that now allow immigrant parents to appoint guardians for their children in the event they are deported. As enforcement against undocumented immigrants increases and parents become separated from their children, either extended family members take over their care, or – more tragically – children fall into the cracks of the system.

As of November 2018, there were approximately 14,000 children in government custody without their parents. Lawmakers in two states, Maryland and New York, have expanded their guardianship laws to help ease this problem and put emergency guardianship legislation into place.

What is standby guardianship?

Guardianship, in general, allows parents to designate a person who can legally make important decisions about their child, in the event that the parents die or become incapacitated. In Maryland, it can take many months to complete the documentation, and some guardians must be supervised by the court even after the appointment has been made.

Standby guardianship differs in that the parents retain legal authority of their children. The Child Welfare Information Gateway, under the U.S. Department of Health & Human Services, expands on the differences:

• “The [standby] guardianship may go into effect during the parent’s lifetime and may continue after the parent’s death.
• The parent retains much control over the guardianship. He or she may determine when it can begin (although it may commence automatically if the parent becomes seriously ill or mentally incapacitated) and can withdraw the authority if the arrangement does not work to the parent’s satisfaction.
• The parent shares decision-making responsibility with the guardian. During the parent’s lifetime, the guardian is expected to be in the background, embrace responsibility when needed, and step back when the parent is feeling capable.”

What Maryland’s new court rules propose to do

As of January 1, 2019, new court rules went into effect in Maryland regarding guardianship. Most of these changes deal with hearings, but they also added “’adverse immigration action’ as a new basis for establishing standby guardianship of a minor.” This means that undocumented parents can prevent their children from becoming wards of the state. It also means that caseworkers, officials, or family members will not be scrambling to find the children new homes on short notice.

Another added benefit is that the parent or guardian won’t have to file the forms with the courts for up to six months; until then, they only need to show the filled-out paperwork to any authorities, like ICE officials or school administrators, who request it.

“Right now, there are so many unknowns for Dreamers, DACA recipients, people with TPS,” said Carlo Sanchez, a son of El Salvadoran immigrants who co-sponsored the bill in Maryland. “We have a responsibility to talk about what happens when those people go away.”

You can find standby child guardianship forms for Maryland here.

The family law attorneys of Cynthia H. Clark & Associates, LLC does not handle guardianship matters.

Many clients, when they come in, are concerned about alimony; whether they will receive it or whether they’ll have to pay it. We have two kinds of alimony in Maryland. The first is transitional alimony, which is paid for a specific length of time, and the purpose of it is to allow one of the spouses to gain additional training so that they can be self-supporting. An example would be, when someone wants to be an accountant but requires two more years of college. In that situation we would be looking at that two-year period of time, perhaps, in order to obtain transitional alimony.

The second is indefinite alimony. In order to be awarded indefinite alimony a court would have to find that, even after a spouse has done everything she or he can to become self-supporting, there will still be an unconscionable disparity in the standard of living of the parties. In determining whether it would be unconscionable, the court has to take into account a number of factors, probably the most important of which is the length of the marriage.

If you would like us to help you decide whether there’s a likelihood that you will receive or pay alimony, we would be happy to have you come in, so we can go over the facts of your marriage with you, and help you make a decision about that.

You can reach the Annapolis divorce lawyers at Cynthia H. Clark & Associates, LLC by calling 410.921.2422, or filling out our contact form to reserve a consultation at our office. We proudly serve clients throughout Maryland.