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Child Custody & Visitation
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All states in the United States of America follow the Uniform Child Custody Jurisdiction and Enforcement Act. Each state has its own version of this law codified in its own statutes.
It is strongly recommended that you do your best to get along with the other parent as any custody fights may result in either parent withholding the child from the other parent and lead to distrust between both parents.
Divorce is never an easy process. There are many issues to consider and stress to decide whether it is worth pursuing. There are many people involved including children, siblings, elder parents and family members who may be residing in the same household or may be required to help provide child care for children.
Every other weekend and supper on Wednesday. That was the standard schedule of visits with Dad that most divorced families subscribed to when I first started mediating child custody conflicts in 2000.
The dynamics that occur in the Maryland Family Law courts can be complex. Maryland Family Court Judges consider many variables when determining child custody.
The home state of a child is where the child has resided with a parent or guardian for at least 6 consecutive months immediately before filing the custody action.
The Court determines custody based on what is in the best interest of the child. This determination depends entirely on the particular facts of each case.
Custody and visitation are always modifiable by the Court if there has been a material change in circumstances since the last Court Order, and the change fundamentally affects the best interests of the child.
In Montgomery County, Maryland, the Court typically considers reasonable visitation for the non-custodial parent to be alternating weekends from Friday to Sunday, alternating holidays, at least 2 weeks of summer vacation and a midweek visit for dinner or overnight.
In Maryland, the Court can grant visitation to a grandparent if the Court finds it to be in the best interest of the child
In Maryland, if the Court has reasonable grounds to believe that a child has been abused or neglected by a parent, the Court can require supervised visitation to protect the future safety, physiological, psychological and emotional well-being of the child.
In a dispute between a parent and a non-parent third party, there is a presumption that the best interest of the child is served by awarding custody to the parent.
In Maryland, when a parent desires to relocate with a child, the other parent has the right to object to the relocation if the move would interfere with that parent’s custody rights.
Under Maryland law, a minor child who is 16 years old or older may petition the Court, on their own, to change an existing custody orde
Physical custody refers to the parent’s right to have the children actually live in their home, and in joint physical custody the children have two primary residences, even if time in each is not equal.
There is no presumption in favor of awarding custody to either spouse, and the court has wide discretion to act in the best interests of the children. Liberal visitation to the non-custodial parent is the norm.
Maryland Family Law recognizes eight different grounds for divorce. Adultery, voluntary separation (for at least 12 months), imprisonment (with a sentence of at least three years and at least 12 months already served), and living separate and apart (for at least two years), are among some of the reasons. For the court to grant a divorce based upon any of these grounds, they must be proved in court through evidence and testimony.
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