One of the most difficult circumstances that people can encounter in family law matters is mental illness and how it affects a person’s life and family. If kept hidden, it can have devastating effects on relationships and custody matters. Depression, bipolar disorder, anxiety, and addiction are some of the conditions that are classified by the courts as mental illness.

When determining custody, the court takes into consideration many factors before issuing a custody order. In Maryland, the court will determine custody by deciding on what is in the best interest of the minor child. That being said, having a mental illness does not mean that you are unfit to have custody of your child. The court will consider factors like one’s psychological diagnosis, treatment plans, willingness to seek help, whether there are frequent hospitalizations, and whether there are violent outbursts in making their decision. The court will evaluate, among other things, whether there is a history of safety concerns to the child at anytime. Depending on the case, expert witnesses may need to provide documents and testimony to the court. Ultimately, the court wants to keep both parents in their children’s lives and will weigh how a parent’s mental illness affects the child’s best interests.

Mental health concerns and the impact on child custody matters are complex when you are going through a custody battle. If you have any questions or concerns about how mental health can impact your divorce or custody matter, please call us at (443) 741-2567 and we would be happy to meet with you to answer all of your questions.

Parental alienation comes in many forms. Generally, parental alienation means that one parent tries to program the child in an effort to undermine or interfere with the child’s relationship with the other parent. Examples include:

• Speaking negatively about the other parent

• Blaming the other parent for the divorce or why the relationship did not work

• Denying the other parent access to the child

• The child begins challenging your decisions and undermining your parental authority

• The child is taking sides and begins to internalize any negative talk from your ex

• The child has too much information about sensitive matters that should be kept between the parents

What Should I Do if My Ex Refuses to Comply with the Custody Order/Agreement?

If you have a custody agreement or order and your co-parent fails to comply with it, you should file a petition for contempt or a petition to enforce the terms of the custody order/agreement right away. Often times, the court will give you the make up time and may even consider awarding attorney’s fees.

If you believe that you have been a victim of parental alienation, our firm can work with you to review the facts and see if court intervention is possible so that the custody and visitation order is enforced. The court will intervene if they deem it is in the best interests of the minor child to do so. Contact us at (443) 741-2567 and we would be happy to discuss your case with you.

In Maryland, paternity must be established either by admission or through the court. Paternity can be established either by 1) marital presumption; 2) a court order establishing the father as the legal father; or 3) by signing an Affidavit of Parentage at the time the child is born. An Affidavit of Parentage is a voluntary document that can be signed by the unmarried parents at the child’s birth. If the parents want to sign it at the hospital, the hospital staff will help them complete it free of charge. The parents can also take the form with them home, complete it and notarize it, and then ensure that the Maryland Department of Health’s Division of Vital Records receives it.

Establishing paternity is beneficial. It allows the father to be listed on the child’s birth certificate and it allows the child to have the benefit a father-child relationship. It also allows the child important benefits like, among other things, financial support, social security, veteran’s benefits, life insurance, and health insurance.

Genetic testing will be necessary if a parent wants a court order to establish paternity unless the father admits under oath (either in court or in a pleading) that he is the father. Conversely, if a parent wants to disestablish paternity, that will largely depend on how paternity was established in the first place. If you have any questions about establishing paternity, please contact us at (443) 741-2567 and we would be happy to discuss your legal options with you.