In Maryland, the court determines the custody arrangement that best suits the minor children’s needs based on a variety of factors; including but not limited to the child’s age, parental character/reputation, and parental fitness. In many cases, if one of the parties has a pending criminal charge against them, it may have a substantial influence on how a judge rules in the child custody matter.

Depending on the pending charges, the court may take into consideration whether or not the alleged crime relates to the custody matter. For example, if your ex is charged with a second-degree assault as a result of physical harm that (s)he inflicted upon you or your minor child, that certainly can factor in the custody matter. Another example would be someone who is charged with a DUI which can indicate to the court that the parent may place the minor children's in harm’s way. On the other hand, if your ex is charged with an unrelated crime like theft, the court may not consider it at all. As a general rule, if it is possible to show that the arrest negatively affects one’s ability to adequately care for the minor child(ren), then the court will certainly give it weight.

The court system may take weeks, if not months, for the parties to get into court. It is imperative that you seek the advice of an experienced attorney to explain to you any ramifications, if any, that your pending criminal charges may have on your custody case. If you have any questions, please call us at (443) 741-2567 and we would be happy to answer all of your questions.

In a child custody matter, a parenting plan is a tool that the court uses to help the parties reach an agreement on child custody issues. A parenting plan assists the parties make decisions that are in the best interest of their child(ren). The Maryland Courts have developed a Maryland Parenting Plan Tool that is available on the Maryland Courts website. The parties can with or without an attorney develop a parenting plan that works best for their family. They can also hire a mediator to help them develop a parenting plan.

A parenting plan will cover issues like setting forth the physical custody schedule, who shall have decision-making authority (“legal authority”), set forth a holiday schedule, and may even address issues like child care. Once the parties agree on a parenting plan, they would submit it for review to the court. The court will then review the agreement and then incorporate into a court order if approved. The terms of the parenting plan will then be enforceable. If the parties cannot agree, they must file a Joint Statement of the Parties Concerning Decision-Making Authority and Parenting Time which will identify areas of agreement and disagreement. Before you submit a final parenting plan, it is always recommended that you review it with an attorney before it is submitted to the court for approval because once it’s enforceable, it is more difficult to modify it later. If you have any questions regarding parenting plans, please call us at (443) 741-2567 and we would be happy to help.

Not every case needs to be litigated in court. Litigation is not only a stressful and long process, but it is also financially draining to many people. When contemplating a divorce or custody action, you should consider whether your situation would be better handled by way of entering into a settlement agreement. What does a settlement agreement really capture? It covers how you handle dividing your marital property, personal property, alimony (if applicable), retirement accounts, child custody schedule, and child support payments. The following items are included in a settlement agreement:

1. The basic background information about the parties which often includes, the date of marriage, location, date of separation, number of children, and your current living arrangement.

2. Division of your marital assets which includes addressing your home, retirement accounts, joint accounts, and vehicles.

3. Addressing debt which often includes credit card debt, student loans, and vehicle loans.

4. Creating a child custody and visitation schedule which will address both joint and physical custody and outline a holiday visitation schedule.

5. An agreement on child support and spousal support (if applicable).

Once you have a signed settlement agreement, the next step will be obtaining a final court order and make sure that agreement is incorporated in it. Although divorce is not the easiest process to go through, there are ways that you can make it financially and emotionally manageable. Call us at (443) 741-2567 and we would be happy to meet with you to discuss the most efficient way to handle your matter.