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.
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. App. 67 (2021), which clarified the law of civil contempt in child custody cases.
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 3 addresses the application of Breona C. and constructive civil contempt in a recent case.
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 constructive civil contempt in a recent case.
Use and possession applies to the family home and family use personal property.
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.
If you have physical custody of your child, it means that you have the right and obligation to provide a home for your child at given times, and to make the day-to-day decisions required during the time your child is actually with you. In Maryland, physical custody can be primarily with one parent and your child visits the other parent or shared between the parents.
If you have legal custody of your child, it means that you have the right and obligation to make long range decisions involving education, religious training, discipline, medical care, and other matters of major significance concerning the life and welfare of your child. It is important to understand that legal custody has nothing to do with where your child lives. In Maryland, legal custody can be sole, joint, or joint with tiebreaker. Sole legal custody means one parent makes these decisions without the need to have the input of the other parent. Joint legal custody means both parents work together to make agreed upon decisions for their child. Joint custody with tiebreaker requires both parents to work towards an agreed upon decision on the issue(s). However, if an agreement cannot be reached after trying to do so in good-faith, the parent with tiebreaking authority makes the final decision on the issue.
Courts in Maryland resolve custody and visitation disputes between parents based upon a determination of what is in the “best interests” of the child. You should understand that this determination may be different from what might be in your or the other parent’s best interests. A Judge will make this determination after considering the testimony and evidence you and the other parent present during your case. There are a host of standard factors a Judge will consider, but a Judge also takes into consideration the special circumstances of each case provided the evidence is presented. It is important to understand the importance and potential complexity of this determination as it is done on a case-by-case basis.
In order to modify a Custody Order, you must first prove to a Judge that something significant has happened since the initial Order was entered by the Judge. This ‘something significant’ is referred to as a “material change in circumstance.” A material change is not that you were unhappy with the Court’s initial decision. You must also prove that the change you are asking for is in the best interest of your child. It is important to understand the importance and potential complexity of proving that you have met this standard.
When a child is born or adopted to two parents, Maryland Courts automatically and informally recognize these parents as having the same rights and obligations to their child. There is no inherent determination of physical or legal custody upon birth of a child. If you and your child’s other parent are dealing with issues such that you need assistance in determining where your child lives, who makes decisions for your child, when the child is with each parent for the holidays, how much time each parent has for vacations and the summer months, etc. a Court Order will be beneficial. A Court Order can help define the rights and responsibilities of each parent and, if applicable, determine the amount of child support that one parent may need to pay to the other in support of the child. It is important to understand the importance and potential complexity of asking the Court to enter a Custody Order.
A Parenting Plan is a document that defines the specific roles and responsibilities for each parent as they communicate with each other and care for their child or children. The Maryland Courts have created a Parenting Plan, with instructions, to help Maryland families. The Parenting Plan and instructions can be found on the Court’s website here. Currently, Maryland Courts require parents to complete a Parenting Plan during the court process. It is important to understand the importance and potential complexity of completing a Parenting Plan.
If you or someone you know needs an attorney for custody matters, we encourage you to speak to an experienced family attorney at Silverman, Thompson, Slutkin & White, LLC who can help you decide the right choice that is specific to your circumstance. For more information, contact Monica Scherer, Esq. at 410-625-4740.
mscherer@silvermanthompson.com
(410) 385-2225
jstephan@silvermanthompson.com
(410) 385-2225
(410) 385-2225
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 filed for temporary custody of her child after first-responder (firefighter/EMT) father did not voluntarily agree to allow her to keep their child in her care until the Florida’s state of emergency due to COVID-19 ends. The Judge denied the mother’s request stating there was no evidence the father was failing to take proper safety precautions or otherwise acting in a way to place the child in danger. The Judge further found “there is no evidence indicating the continuation of timesharing would subject the minor child to any risk of harm specific to the actions of behavior of the father”. The full news article can be found here.
In New Jersey, a father filed for temporary custody of his child after the mother, a physician, continued to see patients in person in the hospital during the COVID-19 outbreak. The New Jersey Court granted an emergency order and awarded the father temporary custody of the child. After the mother was able to commit to telework/health and to not see patients in person, the Judge reversed the Order. The full news article can be found here.
NEW FLORIDA DECISION: On April 14, 2020 the Third District Court of Appeals in Miami, Florida stayed a lower court’s Order which had temporarily awarded custody of a four year old to the father. In this case the mother and father shared custody of their daughter, however upon the outbreak of the coronavirus the father sought temporary custody because he believed the mother’s job as an emergency room doctor placed the child at a greater risk for contracting the virus. The lower court did award the father temporary custody of the child ruling the child was at a heightened risk of contracting the contagious virus as a result of her mother’s work. The appellate court has stayed the decision of the lower court and restored the prior order allowing the mother and father to share custody of their daughter. It is reported the legal issues continue between these parties. The full article can be found here.
The two lower state court situations above are very similar, but two completely different results. If you are in Maryland and need solid advice on how to approach your custody and access arrangement as a result of COVID-19, you should contact an experienced family law attorney. For more information, contact Monica Scherer, Esq. at 410-625-4740.
mscherer@silvermanthompson.com
(410) 385-2225
jstephan@silvermanthompson.com
(410) 385-2225
(410) 385-2225
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 released seven guidelines for parents who are divorced/separated and sharing custody of children during the COVID-19 pandemic. While these guidelines are not mandated, they provide knowledge and principles of good practice in navigating this crisis. A summary of the seven guidelines as set forth by the AFCC are:
1. BE HEALTHY: Comply with all CDC, local and state guidelines and model good behavior for your children. This also means to be informed by staying in touch with reliable media sources.
2. BE MINDFUL: Be honest about the seriousness of COVID-19, but maintain a calm demeanor for your children. DO not expose your children to endless media coverage, but encourage your children to ask questions and provide them with age appropriate answers.
3. BE COMPLIANT with Court Orders and Custody Agreements: Try to avoid reinventing the wheel despite these unusual circumstances. The Order or Agreement exists to prevent continued negotiation of timesharing.
4. BE CREATIVE: Encourage children stay in touch with the less available parent via sharing books, movies, games, FaceTime and Skype.
5. BE TRANSPARENT: Provide honest information to your co-parent about any exposure or suspected exposure of yourself or your child.
6. BE GENEROUS: Try to provide make up time for a parent who may be unable to exercise their time with the child.
7. BE UNDERSTANDING: Adversity can present an opportunity for parent to come together for the benefit of their child(ren). This is a difficult time for children too and it is important for them to know their parents did everything they could to explain what is happening and keep them as safe as possible.
You can find the full release from AFCC here.
For more information, contact Monica Scherer, Esq. at 410-625-4740.
mscherer@silvermanthompson.com
(410) 385-2225
jstephan@silvermanthompson.com
(410) 385-2225
(410) 385-2225
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 parents greeting each other through glass doors and windows. Those front-line, essential-employee parents recognize that in-person contact with their children during this COVID-19 pandemic is not in the best interest of the health and safety of their children. New Battle for those on Coronavirus Front Lines: Child Custody . Closer to home, the White House has now officially designated the Baltimore / Washington, D.C. area as an emerging COVID-19 hotspot. Baltimore/Washington DC Emerging Hot Spot.
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 we are all seeking some guidance from the judiciary to help us support and advise our clients on these issues. The Maryland Judiciary has put out the following statement on matters concerning children and families.
Maryland Divorce Lawyer Blog