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Maryland Child Custody
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Child Custody Attorney
An experienced, aggressive, no nonsense, custody lawyer, who fully understands the Maryland court system and detailed court procedures, often makes the entire difference between winning and losing your child custody case and avoiding the common pitfalls and mistakes. We are able to render a second opinion if your existing case is not proceeding in a proper direction. " Thank you again for your aggressive and persistent representation in a hard fought custody battle that resulted in getting my children back". ~~D.M. The documents you drafted and filed with the court seemed so forceful and intimidating they seemed to be like a knockout punch resulting in our obtaining a judgment by default. Many thanks for a job extrememely well done. ~~S.T. "You delivered exactly what I wanted, getting my children back from another state, sole custody, having visitation supervised and child support."~~L.I. "Thanks for being there in my time of need and for your aggressive and persistent representation. Your representation was outstanding throughout the case..." ~~L.M. I appreciate your efforts in completing my difficult case resulting in me getting sole custody, having all visitation completely supervised and full child support. If anyone needs assistance in a child custody case, you are the lawyer they need to call" ~~S.M. "Your aggressive and relentless representation was outstanding in defending and knocking out the complaint for custody filed against me so we did not even have to go to court. Thanks" ~~M.H. " Thank you for taking over my case and promptly resolving the difficult issues my two prior lawyers were not able to help me with. Your aggressive representation and clear answers to my questions were excellent throughout the case"~~P.O. "I am glad I selected you to defend my protective order case as your answers to my questions were directly on target, you advised me not to settle and after a hard fought trial you got the case thrown out of court."~~M.O. "Thank you for the conscientious way you represented me in my custody case and dealing with the unusual issues that came up throughout my case. As the result of your tireless and persistent representation, you were able to get my two sons back for me in a case that seemed to be a constant uphill battle. Your representation was excellent and you are truly an outstanding dedicated lawyer. I do not believe anyone will find better representation in a custody case than from your office" ~~H.S. "I wanted to express my thanks for the concern you have shown in representing me with an emergency petition for modification of the existing custody order. It is not often an attorney will devote Saturday and Sunday hours to be sure all documents are promptly filed and serviced to meet last minute time conditions. I felt comfortable as your answers to my questions were much more understandable than answers from my last attorney, and you seemed more knowledgeable about custody and family law issues">~~D.J. "Your strategy and representation in getting full custody of our granddaughter was outstanding since taking over the case from our prior lawyer. I wish I would have found you first."~~D.B. "Many thanks for a job well done and accepting my divorce case as your tough, persistent and hard nosed representation resulted in protecting my pension" ~~M.M. "I am glad I selected you to defend my protective order case as your answers to my questions were directly on target, you advised me not to settle and after a hard fought trial you got the case thrown out of court."~~M.O.
For the past 33 years Jack I. Hyatt has concentrated in:
Frequently, specific knowledge of specific child custody court decisions and Maryland State statutes makes the entire difference between wining and losing.
JACK I. HYATT Types of Custody The difference between legal custody, physical custody, sole custody, and joint custody: Legal Custody Legal custody of a child means having the right and the obligation to make decisions about a child's upbringing. A parent with legal custody can make decisions about schooling, religion, and medical care, for example. In many states, courts regularly award joint legal custody, which means that the decision making is shared by both parents. If you share joint legal custody with the other parent and you exclude him or her from the decision-making process, your ex can take you back to court and ask the judge to enforce the custody agreement. You won't get fined or go to jail, but it will probably be embarrassing and cause more friction between the two of you -- which may harm the children. What's more, if you're represented by an attorney, it's sure to be expensive. If you think you have circumstances that make it impossible to share joint legal custody (the other parent won't communicate with you about important matters or is abusive), you can go to court and ask for a change in custody so that you have sole legal custody. But, in many states, you will have to overcome a presumption that joint legal custody is preferable. Physical Custody Physical custody means that a parent has the right to have a child live with him or her. Some states will award joint physical custody to both parents when the child spends significant amounts of time with both parents. Where the child lives primarily with one parent and has visitation with the other, generally the parent with whom the child primarily lives will have sole physical custody, with visitation to the other parent. Joint physical custody works best if parents live relatively near to each other, as it lessens the stress on children and allows them to maintain a somewhat normal routine. Sole Custody How can I keep custody of my daughter when her father has a criminal record? One parent can have either sole legal custody or sole physical custody of a child. In most states, courts are moving away from awarding sole custody to one parent and toward enlarging the role a divorced father plays in his children's lives. Even where courts do award sole physical custody , the parties often still share joint legal custody, and the noncustodial parent enjoys a generous visitation schedule. In that situation, the parents would make joint decisions about the child's upbringing, but one parent would be deemed the primary physical caretaker, while the other parent would have visitation rights. Courts generally won't hesitate to award sole physical custody to one parent if the other parent is deemed unfit -- for example, because of alcohol or drug dependency, a new partner who is unfit, or charges of child abuse or neglect. It's understandable that there may be animosity between you and your ex-spouse. But it's best not to seek sole custody unless the other parent causes direct harm to the children. Even then, courts may simply allow supervised visitation, while still ordering joint legal custody. Joint Custody Parents who don't live together have joint custody (also called shared custody) when they share the decision-making responsibilities for, and/or physical control and custody of, their children. Joint custody can exist if the parents are divorced, separated, or no longer cohabiting, or even if they never lived together. Joint custody may be: joint legal custody joint physical custody (where the children spend a significant portion of time with each parent), or joint legal and physical custody. It is common for couples who share physical custody to also share legal custody, but not necessarily the other way around. When parents share joint custody, usually they work out a schedule according to their work requirements and housing arrangements and the children's needs. If the parents cannot agree on a schedule, the court will impose an arrangement. A common pattern is for children to split weeks between each parent's house or apartment. Other joint physical custody arrangements include: alternating months, years, or six-month periods, or spending weekends and holidays with one parent, while spending weekdays with the other. Joint custody has the advantages of assuring the children continuing contact and involvement with both parents. And it alleviates some of the burdens of parenting for each parent. There are, of course, disadvantages: Children must be shuttled around. Parental noncooperation or ill will can have seriously negative effects on children. Maintaining two homes for the children can be expensive. If you do have a joint custody arrangement, maintain detailed and organized financial records of your expenses. Keep receipts for groceries, school and after-school activities, clothing, and medical care. At some point your ex may claim she or he has spent more money on the kids than you have, and a judge will appreciate your Bird's Nest Custody Bird's nest custody is a joint custody arrangement where the children remain in the family home and the parents take turns moving in and out, spending their out time in separate housing of their own. The terms "sole custody" and "joint custody" are somewhat generic. They represent categories of custody, but custody itself is best understood as a continuum, as unique as the parents who divorce. Imagine a continuum with parents who are completely cooperative at one end and a single parent raising children alone, with no involvement on the part of the other parent, at its other end. At the cooperative extreme, parents may live next door to each other and the children may go back and forth interchangeably. At the other, the non-custodial parent may have died or disappeared. While the former example is more usual than the latter, your family probably falls somewhere in between Types of Custody In general, legal custody refers to whether one or both of the parents make legal decisions regarding the child - such as educational, medical or religious choices. A court can give parents joint legal custody, in which case they make such decisions together, or give one parent sole legal custody, in which case that parent makes decisions alone, although the other still has a right to be kept fully informed. Physical custody refers to the child's living arrangements. A court can give both parents physical custody, in which event they share parenting time on an approximately equal basis, or it can give one parent primary physical custody and the other more limited parenting time. It is possible for a court to award joint legal and joint physical custody to the parents. However, a court can also award joint legal custody, but give one parent primary physical custody. On rare occasions (such as when one parent is mentally impaired but otherwise a positive influence), a court may even award sole legal custody to one parent, with a shared physical custody arrangement. Factors to Consider What's best for your children depends on many factors. You and your spouse would be good candidates for joint legal custody if: Both of you are good parents; Each of you trusts the other to be a good parent; Each of you has the maturity to set aside the personal differences that gave rise to the divorce because your primary focus is on doing what's best for your children; and There is no history within your relationship of domestic violence or other control issues that would make joint decision-making difficult or impossible. The very worst place for children to be is at the center of ongoing conflict between their parents. Parents Working Together Regardless of whether or not joint custody is appropriate for your case, please understand that parents can and should attempt to work together in most cases, even when one parent has sole custody. There are unusual situations in which the other parent is so harmful that your duty, as a good parent, is to protect your children from him or her. Fortunately, this is rare. In the vast majority of cases, children of divorce will do best when both parents take a positive and active role, and each encourages an ongoing, meaningful relationship with the other. The Importance of Consulting an Attorney There are many ways in which custody issues impact divorce. To explore the various types of custody in adequate detail and evaluate which may be best for your children, consult with a competent domestic relations attorney. Please keep in mind that custody should be done right the first time. If you enter into a custody agreement that is inappropriate, or if the court is presented with inadequate information upon which to enter orders, the impact on your children can be negative. Even so, once custody orders are entered, they can be extremely difficult, and in some cases impossible, to modify. This is true regardless of whether those orders were the result of negotiated settlement or litigation. You could end up in court (or back in court if the case was initially decided by a judge) attempting to re-litigate issues you thought were settled. Worse yet, you might be unable to convince the court to change custody and visitation orders that harm your children. Therefore, it is essential to focus from the outset on obtaining custody orders that best serve their needs. Children are Priceless Attorneys are expensive but children are priceless. Even if you and your spouse are in agreement about custody and visitation, I recommend you consult with a competent domestic relations attorney before making any important decisions. Temporary Custody "De facto" (means "in fact") custody refers to who actually has custody of the child at this time. This can be different from "court ordered custody". In order to formalize custody before you begin litigation, you will need to file for temporary custody. Temporary custody will be based on the "best interests" of the child standard. It is not an "initial" award of custody. Instead it is temporary custody while you wait for the court to hold a hearing. Sole Custody - Custody is made up of: legal custody and physical custody. A person with legal custody has the right to make long range plans and decisions for the education, religious training, discipline, non-emergency medical care and other matters of major significance concerning the child's welfare. A person with physical custody has the child living primarily with them and they have the right to make decisions as to the child's everyday needs. Sole Custody is when both legal and physical custody are given to one parent. The child has only one primary residence. Split Custody - Split custody is easiest to describe in a situation where there are two children and each parent obtains full physical custody over one child. Some of the considerations that may bring about this result are age of the children and child preference. Joint Custody - Joint Custody is actually broken down into three categories: Joint Legal, Shared Physical, and Combination. Joint Legal custody is where the parents share care and control of the upbringing of the child, but the child has only one primary residence. In Shared Physical Custody the child has two residences, spending at least 35% of their time with the other parent. Additionally, you can make your own special joint custody agreement that is any combination of Shared Physical and Joint Legal Custody. One example of this is when there is one residence for the child and the parents live with the child there on a rotating basis. The court looks very closely at Joint Custody agreements. The most important factor to Joint Legal Custody to Shared Physical Custody is the ability of the parents to talk about and reach joint decisions that affect the child's welfare. If you are constantly fighting over what religion or what school, the court may strike down your agreement. Other factors include: willingness to share custody; fitness; child's relationships with parents; child's preference; ability to stabilize child's school and social life; closeness to parent's homes (primarily a factor during the school year) ; employment considerations (e.g. long hours, extensive travel, etc.); age and number of children; financial status; benefit to parent. Additionally, the sincerity of the parties involved is important. The court will want to make sure that joint custody isn't being traded for concessions on other points. Another consideration is whether the grant of joint custody will affect any assistance programs. Currently, Welfare and Medical Assistance are affected based on the award of Joint Legal Custody. Be sure to check with your contact at any social service agencies before entering into an agreement or you may be jeopardizing your benefits. This list is not meant to be complete and the court will hear anything that they believe to be relevant. Child Custody Concerns in Maryland Whether handling a stipulated stepparent adoption or an emotionally-charged child custody dispute, the family law attorneys at Stearns-Montgomery & Associates provide all of our clients with caring and supportive legal advocacy along with experienced legal representation and results. Our firm is a smaller law firm by choice: we know our clients by name and personally manage every aspect of their case, providing outstanding representative in a cost-effective manner. When deciding issues regarding child custody, courts in Georgia will consider many factors including: Best interests of the child Suitability of each parent as custodian Psychological, emotional, and developmental needs of the child Ability of the parents to communicate Prior and continuing care that the parents have given the child Wishes of the child Safety of the child Custodial agreements of the parents History of domestic abuse We zealously represent the best interests of mothers, fathers, grandparents and other interested parties in custody controversies without putting children in the middle of the dispute. We are committed to providing the most effective level of service to each of our valued clients in a caring and compassionate manner. We handle child custody issues including: Adoption and stepparent adoptions Jack I. Hyatt is a Premier Lawyer for Felonies, Misdemeanors, DUI, Driving on Suspended or Revoked License, Speeding, Radar and MVA hearings and practices in every Maryland county. As a past Assistant State's Attorney, he has gained experience in over 20,000 cases, thoroughly knows all crminal defense procedures, understands police mistakes, and is able provide you with the very best possible defense in your case. What are some common terms? Legal Custody - the parent with legal custody can make all decisions regarding the health, welfare and education of the child. Physical Custody - determines which parent has the actual, physical right to be with the child. Sole Legal Custody - when one parent is awarded sole legal custody, that parent makes all decisions regarding the health, education and welfare of the child (and the other parent has no input on these decisions) Sole Physical Custody - when one parent is given sole physical custody, the child remains with him/her and the other parent is excluded from having physical custody of the child (typically when the other parent has abused or neglected the child) Joint Legal Custody - both parents participate in reaching decisions regarding the health, education and welfare of the child. Joint Physical Custody - both parents have the ability to be with the child, typically joint physical custody is coupled with a parenting plan to determine who will be with the child at what particular time. Shared Custody - both parents equally share the legal and physical custody of the child. Typically found only where both parents are able to resolve their personal differences and keep them in check for the sake of raising the child in a caring, nurturing environment. What is the difference between custodial parent and non-custodial parent? The custodial parent is the term that is used for the parent that has primary physical custody of a child. Typically the child resides with the custodial parent. The term non-custodial parent is used for the parent that has the child for a lesser amount of time. Typically the child does not reside with the non-custodial parent except during the time that the non-custodial parent exercises his/her visitation right with the child. Typically, the child is either with the custodial parent or the non-custodial parent but not both. This arrangement comes as a result of the separation of the parents and both parents maintaining separate residences. The child resides with the custodial parent most of the time and the non-custodial parent spends time with the child during periods of child visitation. This way, both parents get to spend time with the child despite having separate residences. What is child visitation and a ‘parenting plan’? Custody and visitation are considered at the same time since the factors and circumstances taken into consideration by the court in making these determinations are essentially the same. The term "child visitation" refers to the time when the non-custodial parent has the right to be with the child. The custodial parent's right to be with the child is often subject to the non-custodial parent's right to visit with the child. The term "parenting plan" refers to the agreement between the parents or the court order which defines provisions for custody and visitation. It determines whether one or both parents has the ability to make decisions regarding the health, education and welfare of the child. The parenting plan also defines when the child is to be with the non-custodial parent. What are some common arrangements for child visitation? Child visitation, often pursuant to a parenting plan, can take a variety of forms or schedules. Some common arrangements include some of the following provisions: (1) Alternate weekend visitation with the non-custodial parent, including "three-day holidays" (2) Mid-week visitation with the non-custodial parent (3) Sharing of the child during periods of school recess -winter, spring and summer (4) New Year's Eve, Easter, Rosh Hashanah and Yom Kippur, Thanksgiving, and Christmas with one parent or the other in alternate years (click here for a useful article on holiday visitations) (5) Mother's Day with Mother, Father's Day with Father (6) Alternate years on the child's birthday (7) Open telephone contact by the parent who does not have actual physical custody of the child (9) Exchange of a few days of visitation here and there as mutually agreed without the need for a change or modification of the court order What factors go into determining custody and visitation? The primary consideration is, "What is in the best interest of the child?" The focus is from the viewpoint of the child as opposed to the wants and desires of one parent or the other. Some states have established a general rule that it is in the best interest of a child to have continuing and frequent contact with both parents and the parent who is most supportive of this concept becomes the custodial parent. If one parent attempts to undermine the relationship between the child and the other parent, this factor could be considered in providing custody or additional visitation to the other parent. In California, the impact of a proposed move on a noncustodial parent’s relationship with his children may be considered a relevant factor in determining what is in the best interests of the child. The best interest of a child is determined on a case-by-case basis upon consideration of all relevant facts concerning the circumstances of both parents. Do the wishes of a child have any influence in custody decisions? Some states (NOT ALL) allow children of sufficient maturity to have an impact upon the determination of custody and visitation by considering their desire to reside with one parent or the other. Judges will listen closely to the child's stated preference and his or her reasons. The child does not have the final say and it will be the judge's decision just how much consideration is to be given to the child's wishes, depending on age, maturity, and the quality of the reasons. The overriding question will always be: what is in the child's best interest? What if the child's best interest does not coincide with the parents' personal desires? It may be in the best interest of the child to remain in the home with people he has lived his entire life rather than be uprooted after the loss of his mother and transferred to someone he does not know. If the natural father challenges the issue and desires custody the court will have a difficult decision to make. If he agrees to the change of custody, the court should most likely grant it. The situation is similar to a step-parent adoption where the state tends to be more lenient in the examination it makes before it grants the change of custody. In this case the natural parent in the household will have passed away; however the child has been living in the home with the stepparent and, if thriving, the court may grant it. What if both parents agree on child custody and visitation? This is the ideal situation. Absent extenuating circumstances (such as abuse or neglect), the parenting plan agreed upon by both parents becomes the parenting plan. If the issue of child custody and visitation is not raised in a court action, the agreements worked out between the parents is left undisturbed. The agreement does not have to be reduced to a writing signed by both parents but a written, signed parenting plan is preferable for future reference. In addition, a written, signed parenting plan can typically be entered as a Stipulation between the parties and then issued as a court order for future enforcement purposes. What if the parents disagree on child custody and visitation? Most states require both parents who are unable to reach an agreement on the issues of custody and visitation to participate in a mediation session to work out such a plan. In the mediation session, both parents meet with a third-party, typically an experienced attorney or social worker, to discuss relevant factors in an effort to reach an agreement. Many contested issues of custody and visitation can be resolved in a mediation session and this session typically results in an agreement which then can be presented as a Stipulation for issuance as a court order. Should mediation of custody and visitation disputes fail, the parents can then pursue litigation of unresolved issues. A court hearing will be conducted and evidence presented. Often expert witnesses, such as psychologists and licensed social workers, will be called to present evidence for consideration by the court. After the court has received such evidence, it is then in a position to make an order regarding custody and visitation. Custody and visitation disputes can be very difficult and expensive to resolve. An agreement by both parents is the preferred course of action since a joint parental decision is more likely to be followed than if an outsider makes a decision for them. Can expert witnesses be used in custody battles? Because of their lack of familiarity and formal training in the field, often times judges will put much stock in the testimony and written recommendations of experts in custody disputes. Experts in the field of child psychiatry or psychology or mental health will perform custody evaluations of the family with written conclusions and recommendations to the court based on their observations. The evaluations will cover the activities of each parent, the home life, parenting skills, relationships to the child, and the child’s feelings and preferences. One of two possible outcomes will occur: the recommendation of the professional will be accepted by all parties (judges, lawyers, parents) or everyone goes off to court to let the judge make the decision. Does religion enter into the determination of child custody? No -- theoretically. Whether one parent practices a religion or not is normally not a factor in deciding custody, unless there is evidence of potential or present harm to the child, such as if the parent engages in unusual "cult" activities or has an unorthodox lifestyle that might likely put the child in danger or be detrimental to the best interest of the child. Does an extramarital affair have an impact on custody? It could, depending on the facts of the case. Generally-speaking, a discrete affair will normally not be a consideration in determining custody. It will become a significant (possibly negative) factor if the relationship represents a threat, has harmful sexual overtones, or puts the child in embarrassing situations. If there is a live-in situation, the judge will evaluate, among other relevant circumstances, the relationship between the child and the other live-in partner and any evidence of present or potential harm from the situation in determining whether this should be a factor to consider. Can custody rights be modified? Absolutely. You can go back to court to change a custody order if there is a substantial change of circumstance that has a significant, adverse effect on the child (such as visitation problems, erratic behavior, relocation and impact on child-parent relationship, change in employment, residence, or marital status). Because we live in a highly mobile society, it is strongly recommended that you periodically evaluate the parenting plan. The courts recognize that many factors (such as, children’s age, relationship with both parents, the parents’ relationship, the wishes of the children) can be altered over a period following divorce and, though reluctant to change the parenting custody plan, the courts will do so if it is clearly necessary and in the best interest of the child. Alternatively, the ex-spouses can voluntarily modify the last order by agreeing to changes between themselves. If there is a departure from the last custody order, it is best to put the new current changes in writing; oral agreements are difficult to enforce. What if I do not like the present custody order? Can I file for custody in another state? Bouncing cases across state lines in search of a "favorable" judge who "sees it your way" was very common for years, made a mess of custody actions, until the enactment of the Uniform Child Custody Jurisdiction Act (UCCJA for short). Adopted by all states, it avoids the competition and conflict for jurisdiction between courts of different states. Courts cannot take custody cases unless the child has lived in the state for a certain period of time immediately preceding the filing of the lawsuit. Furthermore, a court cannot reiterate the custody awards of another state, unless there is a genuine emergency and even then, the modifications would be limited to the emergency, not to wholesale changes in the original custody arrangement. The bottom line, most likely, is going back to the state where the last custody order was issued. Can visitation be denied to a non-custodial parent? Yes, but this occurs only in extreme cases. When one parent has abused or neglected a child, placed the child in dangerous situations, threatened removal of the child from the state, or abuses alcohol or illicit drugs, this parent's right of visitation can be denied and the other parent awarded sole legal custody and sole physical custody. Denial of visitation is not the norm and strong evidence must be presented in a court hearing to deny a parent from having any visitation rights.
In less extreme cases, visitation could be allowed but subject to certain restrictions. For example, a court order an alcoholic or drug addicted parent to refrain from use of alcohol or illicit drugs in the presence of the child and submit to regular alcohol and drug tests to show that s/her is "clean." A parent who has been accused of neglecting a child in the past or threatening to take the child away from the other parent may have visitation restricted on the basis that it take place only when supervised by a qualified third-party (so called "supervised visitation"). Supervised visitation is preferred to denial of visitation on the basis that there is a strong public policy to promote continuing and frequent contact between the child and both parents -having the visit supervised is better than completely denying the non-custodial parent the ability to spend time with his/her child.
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