Having a will is one of the most important things you can do to protect your family. A will is a written document directing the disposition of your assets upon your death. It will legally protect your spouse, your children, your assets, and it will direct how you would like your assets handled after you pass away. In Maryland, the will must be signed by the person making the will and signed by two (2) credible witnesses in the presence of that person. Once it is signed, make sure your family members or executor know where it is kept. You can even register it with the Register of Wills in your county.

Having a will minimizes any family disputes that may arise about your estate. It also allows your family members to expedite the probate process. While your estate must still go through the probate process even if you have a will, having it will have the probate court serve only for the purpose of administering your estate rather than having it decide how to divide your estate. Once you have drafted and signed your will, it is important to revisit this document periodically to ensure it still reflects what you want. If you have any questions, please feel free to call us at (443) 741-2567 and we would be happy to discuss your estate planning needs with you.

In Maryland, a pendente lite hearing (“PL hearing”) is a hearing that takes place while a divorce or child custody action is still in the process of litigation. The purpose of this hearing is to provide a temporary order before the final hearing takes place.

When a PL hearing is requested by either one or both parties, the court may order a hearing on the next available court date. This request can either be made in writing or orally and is usually made at the parties’ Scheduling Conference. The court will also set time limits for the hearing which usually is up to three (3) hours. The hearing can take into consideration issues like child custody and visitation, child support, alimony, and attorney’s fees. The purpose of this hearing is to maintain status quo and provide some immediate stability while the parties await their final trial.

At the PL hearing, the parties can each testify and call their own witnesses. They can also present evidence that will help substantiate their claims. To obtain more information about what a PL order means and how it may impact your case, please call us at (443) 741-2567 and we would be happy to answer all of your questions.

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.