Logo 3.png

LAW OFFICE OF NEVEEN H. KURTOM, LLC

Blog

What is a Parenting Plan?

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.

Litigation vs. Mediation

Before you make a decision about how to approach your case, it’s important to know what the pros and cons are of both litigation and mediation. Litigation refers to a case that is handled through the traditional court process rather than settling through mediation. A litigated case usually ends in a trial where a judge decides on the outcome of the case. In mediation, the parties come to a mutual agreement themselves rather than have a judge decide the fate of their case.

Unlike mediation, litigation is an open court process and not confidential. The parties have less control over the outcome as the judge makes the decision. However, it is important to note that just because you file a case in court and it starts off as contested does not mean that the parties are not able to settle before it reaches a trial. In fact, many cases do settle prior to the case reaching trial. Many attorneys are able to amicably negotiate a good outcome for their clients while saving them the stress of going to trial. It is important that you hire an attorney who can assess your case and who will give you practical and honest plan of how to handle your case.

Litigation can be more costly than mediation and you have less control over your costs. The complexity of your case can also drive up legal fees. Another consideration that parties need to be mindful of is the amount of time a case can take to process through court. Litigated cases often last longer than cases that settle. Finally, it is important to note that each case is unique and it is important to discuss with your attorney your goals and what works best for you. If you have any questions, please call us at (443) 741-2567 and we would be happy to talk with you about all of your options.

I Can't Afford to Pay My Child Support... Should I Stop Paying It?

Child support is a court-ordered payment that is for the benefit of your child(ren). Once child support is established through a Maryland court order, the payor must pay their monthly child support payment. If child support is not paid, there are serious consequences which may include:

1. Wage garnishment;

2. Loss of driving privileges;

3. Repayment of the child support plus fines;

4. Possible jail time and fines if found in contempt of court.

If you are struggling to make your child support payments, you should file for a petition for modification of the current order as soon as possible. You will have to prove to the court as to why your child support should be modified.