Maryland Custody Modification Law

In Maryland, child custody falls under Family Law. It provides the authority to the judges to make decisions about child custody and visitation based on the best interests of the child. The Maryland law also does not provide any specific list of factors that court must consider while deciding upon the case. Instead, the judge hearing the case is free to consider several factors and all of the essentials the circumstance presents in each case for reaching custody decisions.

When the law does not provide any particular method, most of the judges tend to focus on facts like which parent is likely to provide the child a stable environment and which parent will better foster the child's relationship with the other parent. With younger children, however, this may mean awarding custody to the parent who has been the child's primary caregiver. With older children, this may mean giving custody to the parent who is best able to foster continuity in education, neighborhood life, religious institutions, and peer relationships.

No any explicit rule or regulation is fixed for deciding the child custody in Maryland but, all the final decision of the court is made according to the Child's Best Interest standard. The judge hearing the case may consider several factors before coming down to any conclusion. The factors that are considered may have some issues related to the child and some of them could be related to the parents.

Factors related to parents may include:

* Involvement of each individual parent in the childs upbringing

* The physical, emotional, social, and financial stability of each parent

* The willingness of each parent to act cooperatively with the other parent

* The geographic residence of each parent

* Any history of child abuse or domestic violence

Modification of Child Custody order in Maryland

A child custody order in Maryland can certainly be modified after they have been issued. In fact, most judges draft a custody order in a way that anticipates the many changes that can occur realistically in the future. For instance, if the custodial parent in single custody scenario is no longer fit to care for the child, then the court will consider issuing a joint custody order or granting the other parent the sole custody. If the child custody order needs modification, it usually requires another hearing to re -determine each parents custody rights according to the child's best interests.

Maryland Child Support Law

Maryland Child Support Law provides for the support of any child, if in case his or her parents are getting divorce or separated. Both parents have a legal duty to support their child based to their ability to provide that support. Since 1990, Maryland has had child support guidelines in effect, which provide a formula for calculating child support based on a proportion of each parent's gross income. Though, the law for Maryland Child Support Guidelines was also amended on October 1, 2010, to keep it useful and up-to-date with the modern day requirements of a child. 

Maryland Family Law is drawn from the sources of the Maryland Code, Maryland Court Rules, and Maryland Case Law. Individual laws regarding Custody, Visitation, Child Support, Alimony, and Divorce cannot be fully comprehended without understanding how they interact with each other and within the elaborate Maryland Family Law Court system, and trying to interpret individual laws without understanding this could decrease the chance of achieving an outcome favorable to you in your case.

Maryland has adopted an "income-shares" model the support guidelines for use in calculating a parent's financial and other obligations for supporting the child in case of divorce or separation. The Maryland Child Support Guidelines based support award is decided according to the parents' income rather than the children's expenses, which are already somewhat taken into account in the basic child assistance charts. The child maintenance is then apportioned between the parents based on each parent's percentage of their combined income. 

The amount of child maintenance or support which is calculated under the Guidelines is presumed to be the appropriate amount of child maintenance to be awarded in cases where the parties combined annual actual income is $180,000 or less. The court may deviate from the guidelines amount if the amount would be unjust or inappropriate. And in situations where the parents' combined incomes exceed $180,000 annually, the court has discretion in setting the amount of child maintenance or support and may consider the children's reasonable expenses and may use an extrapolation method of calculation.

However, the Maryland guidelines for Child maintenance are more than monetary contribution by the parents. It is very flexible, depending upon the requirement of the child and discretion of the judge, as per the circumstance. The court has many choices in creating a support arrangement it thinks is best for the children. A Maryland order for child maintenance or support is as enforceable as any other court judgment or decree. Thus, a parent who is not paid child support can use each and every legal tool available to enforce the order, including wage garnishments, wage assignments, contempt of court decrees and the seizure of the non-payer's property by writ of execution. The number of over-nights the child spends with each parent, which is a major factor that determines the amount of child support ordered.

Maryland Divorce Law

Maryland is a state with strict and complex divorce and family law. There are few clauses or conditions that need to be fulfilled if you wish to get an absolute divorce in Maryland. They are:

Maryland Residency Requirement

According to the Maryland Divorce Laws and Maryland Divorce Guidelines, it is mandatory to fulfill the Residency requirement even for the court to accept your case. If any one of the spouse is living in Maryland for more than one year, they could apply for divorce in Maryland. Also, in case the reason stated as the ground occurred outside of Maryland, one of the spouses must have been a resident of Maryland for at least one year before filing for divorce. In all other cases either spouse may file for divorce in Maryland. The residency requirement doubles to 2 years, in cases the reason for split up is insanity.

Place of Divorce

If residency requirement is met, couple can file for legal split up in Maryland. They also have the right to file their papers in any country where either of the spouses resides.

Process to file for Divorce in Maryland

Like any other state in United States, Maryland also has three basic procedural steps. Every couple filling for a divorce in Maryland needs to follow these:

i) File Maryland Divorce Papers (Maryland Divorce Forms)

ii) Notify Spouse of your filing for divorce in Maryland

iii) Attend your Maryland divorce hearing

Property Distribution

Maryland Family Law or Maryland Divorce Law supports equitable distribution of property. They try to divide the property in such a manner that that both parties agree to the division. The main regarding property distribution arises when the split is agreed divorce. However, if the parties do not agree to the distribution, they could decide to go to the Maryland divorce lawyer or divorce attorney to make the case into a Contested Divorce. 

Apart from Property or Assets, the liabilities or debts are also considered. Most divorcing spouses set out who will pay what debts as part of their marital settlement agreement during the divorce process, and close all of their joint accounts.

Alimony (Spousal Support) in an Uncontested Divorce may be awarded to either spouse for their support and maintenance after the divorce. Both parties must agree to it. Since most spouses are working, alimony (if awarded at all), is usually for a shorter period of time, and smaller amount than in the past. Alimony may be paid in a lump sum payment of money or a payment plan. Alimony is not required for a person to get divorced in Maryland.

How To Find Professional Divorce Lawyer

Finding a good divorce lawyer is very important in any divorce. You have so much to loose in a divorce that you better well be prepared to fight for what you have.

A divorce lawyer will file the proper paperwork to ensure that you get your fair share in the divorce. This is especially true if your spouse is against the divorce or disagrees with certain aspects of the breakup, like custody of children or division of the marital property.

To save money, you and your spouse should sit down and discuss the areas of concern before hiring a divorce lawyer. If you both can come to an agreement on some aspects of the divorce, or better yet, all aspects of the divorce, you will not have to cover those areas other than to tell the divorce lawyer what you can agree on before he or she begins working on your case.

To find a good lawyer, ask some of your friends if they can recommend any good ones to you. If not, search the Internet and phone books to find reputable law firms.

If you both can agree on custody, but can't decide on how to split the value of your home, you will save money when you cover only the concern with your divorce lawyer of how to divide your home. There will be no need to waste time discussing the custody issue if it's resolved, which will save legal fees. A divorce lawyer charges by the hour and if you can save 30 minutes of talking, you could save yourself more than a hundred dollars. Therefore, always discuss aspects of the divorce individually before bringing your concerns before the divorce lawyer.

If you do not feel that your spouse can discuss the case rationally without anger, then your divorce lawyer will know how best to deal with him or her.

Lawyers fee vary so do your homework. Research every possible attorney available. Speak with the potential prospects before you enter into any agreements or sign any binding contracts.