Courts in Maryland will accord full faith and credit to a child custody determination issued by another state, unless the order has been vacated, stayed, or modified by a court with jurisdiction. Maryland courts are required to recognize and enforce a child custody determination from another state or foreign…
What is a DSS investigation? The Code of Maryland Regulations (“COMAR”), Sec. 07.02.07.00, et seq. codifies the process by which the local Department of Social Services (“DSS”) is to investigate allegations of child abuse and/or neglect, as well as the subsequent findings that may be reached at the end…
This article discusses the application of constructive civil contempt in a recent child custody case. It is Part 3 of a three-part series. Part 1 provides an overview of the law of contempt in Maryland. Part 2 includes a summary and analysis of Breona C. v. Rodney D., 253 Md.…
This article includes a summary and analysis of Breona C. v. Rodney D., 253 Md. App. 67 (2021), which clarified the law of civil contempt in child custody cases. It is Part 2 of a three-part series. Part 1 provides an overview of the law of contempt in Maryland. Part…
This article includes a brief overview of contempt in Maryland. It is Part 1 of a three-part series. Part 2 addresses the landmark case of Breona C. v. Rodney D., which clarified the law of civil contempt in child custody cases. Part 3 addresses the application of Breona C. and…
Use and possession applies to the family home and family use personal property. What is considered the “family home”? In Maryland, the “family home” is statutorily defined as real property in the State that was (1) used as the principal residence of the parties when they lived together, (2) is…
What is a protective order? By Maryland statute, a protective order is a court order that says one person must refrain from doing certain acts against another person. While not legally accurate, many people commonly refer to a protective order as a retaining order or ex parte. Who can obtain…
It is important to be aware that Maryland Courts and Orders recognize two parts to custody in the State of Maryland, physical custody and legal custody. What does Physical Custody mean in Maryland? If you have physical custody of your child, it means that you have the right and obligation…
As fears surrounding COVID-19 continue to increase and parents in divided households struggle to do what they think is best for their children’s health and safety, below are two examples of how emergency requests have been handled in other States, Florida and New Jersey. In Orange County, Florida a mother…
The AFCC is the Association of Family and Conciliation Courts. It is a group of individuals from many disciplines associated with or in the family court arena. AFCC members include lawyers, mediators, judges, psychologists, counselors, social workers, parenting coordinators, psychiatrists, researchers, teachers, and policymakers throughout the country. The AFCC recently…
We understand that parents are facing challenging times in the midst of this COVID-19 pandemic. When one parent is an essential employee, it is especially concerning for co-parents when children transition from one parent’s home to the other for court-ordered parenting time. National news stories are filled with children and…
Oftentimes, parents with the best intentions disagree on how to manage the health, safety, and medical issues of their children. Throw in a pandemic and navigating custody and access becomes even more of a challenge with COVID-19 CDC recommendations and government-imposed restrictions. As a practitioner, this is a first, and…