Maryland Family Lawyers

Understanding Maryland CUSTODY AND VISITATION RIGHTS

If you and your spouse have children, deciding where they will live and who will care for them is a significant concern. Parenting arrangements can become one of the most contentious parts of a divorce when both parents want custody. Even during a dispute, you must keep your children’s best interests in mind. A Maryland family law attorney can explain how parenting arrangements, decision-making authority, and visitation may apply to your circumstances.

Family Law Mediation for Custody & Visitation

Maryland Rule 9-205 applies to initial custody actions, modification actions, and contempt petitions involving parenting orders. An initial court order may require up to four hours of mediation across no more than two sessions. A court may authorize up to four additional hours for good cause.

Court-ordered mediation is limited to parenting disputes unless the parties agree in writing to include other issues. A court can’t order mediation when you or your child raises a genuine issue of abuse in good faith, so mediation isn’t appropriate for every family situation.

ALIMONY, CHILD SUPPORT, AND PROPERTY DIVISION

Another crucial aspect of a divorce is allocating resources and determining how you and your spouse will move forward. Court proceedings may address whether alimony or child support is appropriate and how marital property should be divided.

Alimony is a legal obligation that requires a person to provide financial support to a spouse. Child support is an ongoing payment made by a parent for a child’s benefit.

Maryland uses an income-shares model for basic child support that considers both parents’ combined adjusted actual income. The resulting amount is divided in proportion to each parent’s adjusted actual income. The child support guidelines are presumed correct unless a court finds that applying them would be unjust or inappropriate and explains its reasons in writing.

Mandatory guidelines apply when combined monthly income is up to $30,000. Courts may exercise discretion when the parents’ combined monthly income exceeds that amount. Property division and alimony involve separate legal considerations from child support.

Modifying Custody, Visitation, or Child Support Orders

A Maryland court may modify your existing order after a material change in circumstances, meaning a significant change relevant to custody, parenting time, or support. A proposed parental relocation may support a request to review the parenting arrangement, but whether modification is appropriate depends on the facts.

For child support, you must file a motion for modification and show a material change. Maryland courts generally treat a change of 25% or more in either parent’s earnings as sufficient to meet that threshold, though smaller changes may also be considered. A child support award generally can’t be modified retroactively for a period before the motion was filed.

PROTECTIVE AND PEACE ORDERS 

If your relationship has involved domestic violence or abuse, you may be considering a protective order or peace order. These proceedings apply to different relationships, allegations, and forms of relief.

Which order applies depends on your relationship to the other party and the circumstances involved. Protective orders may provide forms of relief that differ from those available through peace orders.

ADOPTION AND GUARDIANSHIP

When children are involved in the divorce process, questions about adoption and guardianship may arise. If the court finds that both parties are unfit parents, children can be placed for adoption, or a grandparent or other relative may receive custody. A stepparent may also apply to adopt a child.

Adult guardianship may arise when an adult in your household can’t make personal decisions or manage their property. Control over the person or property may then be granted to either side.

Why Should I Hire a Maryland Family Lawyer for My Case?

A Maryland family lawyer can explain the legal process, identify the steps your circumstances require, and advise you during negotiations or court proceedings. Our Baltimore County family law team understands Maryland laws and regulations and can address the confusion that often comes with filing paperwork, attending hearings, and protecting your rights.