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Child Custody
Arguments over child custody are the number one guarantee
to cause a bitter contested and expensive divorce. Custody
cases are usually quite rough in litigation so make sure
if you are filing for sole custody that you are sure
the children are better off with you than the other parent
BEFORE you get yourself involved in a bitter custody
battle. Custody cases can come at an emotional and financial
cost — and losing one could cost you dearly.
What is in the best interest for the children? That
is the question that a judge will ask him/herself. It
is important to note that in Maryland, no court gives
an automatic edge to the mother. In many cases the father
wins in at least half of the cases. Again, it’s
whatever is best for the children.
There are also a certain set of guidelines which help
the court in determining the best interest of the child:
- Parental rights: Parents must be
proven to be unfit before the children will be given
to someone else.
- Stability of placement: If a child
is thriving where he/she is, don’t move him.
In other words, “If is not broken, don’t
fix it.”
- A child’s personal preference:
Even though the judge is not bound by what the child
wants, he/she will talk with the child in private (under
14 years of age) to find out to whom the child prefers.
- Other: The court can consider many
different factors pertaining to the custodian. For
example: age, health, financial status, religious affiliation,
behavior, type of home, psychological evaluations;
the location of the residences of the child's siblings;
the child's school performance; or for that matter
anything else that the court deems important. ( Source:
Divorce.net)
Any evidence that you could bring to the judges attention
that can prove that the child will be better off with
you will be helpful during proceedings. For example,
if you can show pictures of you and your child having
fun together, going on educational trips, spending quality
time together, doing thing with friends, etc. If you
can show the judge that you take an active role in parenting,
that you read parenting books, go to lectures on parenting,
etc. These are all things that show you are serious about
creating a stable, thriving environment for your child.
Maryland courts award custody of the minor children
to one or both parties according to what is in the best
interest of the children. If the physical custody is
awarded to one party, visitation rights will generally
be granted to the other party. Decision making power
regarding the child or legal custody, may be awarded
to either party separately or to the parties jointly.
In a case involving custody and visitation, the court
usually requires the parties to participate in at least
two mediation sessions. Again, there is no assumption
in favor of awarding custody to either parent, and the
court has wide discretion to act in the best interests
of the children. Liberal visitation to the non-custodial
parent is the normally the way the decision goes.
Custody can be awarded into two categories:
- Legal custody — legal custody
can be “joint”, where major decisions are
made by both parents together, or "sole" where
one parent has that responsibility.
- Residential custody — residential
custody award may place the children on any schedule
that is in their best interests as far as the court
can see.
Regarding child support, Maryland has enacted Child
Support Guidelines, which are based upon the number of
children, the income of each parent, work-related child
care expenses, and medical expenses. Although the court
has the power to depart from these guidelines in an appropriate
case, if it does, it is required to make a determination
of the legitimate amount and to explain the reasons why
it departed from the guidelines.
Child Support
In order to arrive at a fair amount of child support,
the judge will look at the needs of the children, as
well as financial assets, earnings, and the needs of
each parent.
Actual income means income from any source. "Actual
income" includes: salaries; wages; commissions;
bonuses; dividend income; pension income; interest income;
trust income; annuity income; social security benefits;
workers' compensation benefits, unemployment insurance
benefits; disability insurance benefits; and alimony
or maintenance received.
Maryland’s child support guidelines are based
on the combined income of the parties, the number of
children, and the time spent with the children. It is
likely that you will not have to pay more than half of
your net income in combined alimony and child support.
The guidelines take into consideration adjustments made
for health insurance and day care for the children and
assume that the non-custodial parent pays for the children
during normal visitation. If there are any extra or additional
expenses (medical, educational, etc.) then the support
could be higher than the guidelines. For example, if
the child in question is a special need and requires
therapy, counseling, etc. this can be included in the
child support as well as the support being extended past
the age of 18.
In general, the courts have always treated the needs
of children of divorce with the highest of priority.
Each party has a responsibility for the support of a
child or children 18 years of age and younger. In Maryland,
the child support guidelines include a formula used by
the court to determine the amount of child support awarded.
Child support payments are usually based on gross income;
however there are some cases the support is figured differently
due to specific circumstances.
If everyone has reached an agreement on child support
and have placed that agreement in writing, their agreement
will govern payment of child support unless that agreement
was obtained in a fraudulent way or under pressure from
outside sources.
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