Question 1

What Should I Do When Facing These Common Family Law Issues?

Accepted Answer

You should contact an experienced Maryland family law attorney to help you figure out your best path forward.

Question 2

Do I Need to Go to Court to Resolve a Family Law Issue?

Accepted Answer

Not all family law matters need to be resolved in the courtroom. Parties can sometimes negotiate their own solutions. Mediation can offer a private, amicable, and cost-effective way to settle custody, parenting time, and support issues without judicial intervention. Mediation can also allow parents to find creative solutions to their disputes and reach a tailored agreement that works for the whole family. With mediation, a neutral third party helps to facilitate healthy communication between the parents, and both will have the opportunity to express their concerns and needs. Since mediation is a low-conflict process, it can help to preserve the relationship between co-parents for the benefit of the children.

Question 3

How Long Does a Family Law Matter Take to Resolve?

Accepted Answer

The length of time it can take to resolve a family law matter can depend on the type of dispute and each party’s willingness to settle. While some matters can be resolved in a matter of weeks or months, others may take years. Cases that are high-conflict and complex will typically take longer to resolve than those where the parties are amicable and willing to work together to reach an agreement.

Question 4

What is Child Support and How is it Determined?

Accepted Answer

Child support is a payment made by the non-custodial parent to the custodial parent to cover the costs of their child’s basic needs. It is calculated by a formula set forth under state law called the “income shares model.” This model aims to ensure the child receives the same parental proportion of each parent’s income as if they lived together. Specifically, it considers the income of each parent, the number of children, the cost of health insurance, and childcare expenses.

Question 5

Can a Custody Order Be Changed?

Accepted Answer

A child custody order can be changed if there has been a material change in circumstances since the last order was entered and a modification would be in the best interests of the child. Importantly, neither parent may simply decide not to follow the existing order. The parents must either consent to a modification or a judge can determine whether one is appropriate. If both parents agree upon the changes, they must still submit their agreement to the court to be signed by the judge if they want it to become a binding order.

Question 6

How is Child Custody Determined?

Accepted Answer

Child custody in Maryland and Washington D.C. is determined based on the “best interests of the child.” There is no automatic preference based on gender or any other status. Rather, a judge would consider a variety of factors when deciding a child custody arrangement, including parental fitness, each parent’s ability to cooperate with the other, and the stability of the environment. Other factors evaluated by the court can include safety concerns, the child’s relationship with each parent, and the child’s preferences if they are of sufficient age and maturity.

Question 7

What is Sole Custody?

Accepted Answer

Sole custody can come in two parts. Like joint custody, it can refer to legal or physical custody. Sole legal custody gives one parent the authority to make all important decisions for the child. Sole physical custody is when the child has only one primary residence, and one parent is primarily responsible for caring for their daily needs. In most situations where a parent is given sole custody, the other has visitation rights (which often include overnights) unless it is determined not in the best interests of the child to do so.

Question 8

What is Joint Custody?

Accepted Answer

Courts often favor joint custody arrangements whenever possible to ensure both parents are actively involved in the child’s life — and the child is able to have a meaningful relationship with each parent. Parents can have joint legal custody, which means they both have the authority to make important decisions about the child’s education, healthcare, and welfare. Physical custody may also be shared between the parents, which allows both parents to each share a significant amount of time with the child.

Question 9

What is Child Custody?

Accepted Answer

Child custody falls into two categories: legal custody and physical custody.
Legal custody pertains to a parent’s decision-making authority regarding a child's health, education, and religious upbringing. Legal custody can be sole or joint. Physical custody, also called residential custody, is about where the child lives and a schedule of access for spending overnights with each parent. Residential custody can be shared or sole.

Question 10

What Types of Cases Do Family Law Attorneys Handle?

Accepted Answer

Family law is a broad body of law that specifically focuses on cases pertaining to the family and children. Family law attorneys handle a wide range of legal matters, including the following: 

	Separation
	Prenuptial Agreements
	Postnuptial Agreements
	Child custody
	Parenting time allocation/visitation
	Child support
	Alimony (also known as Spousal Support)
	Adoption
	Paternity
	Domestic Violence
	Parenting Plans
	Marital property division
	Child custody and support enforcement
	Modifications to custody and support 

In addition, most family law attorneys represent clients in divorce cases — as well as handle the child custody and support matters connected with them.

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