Frequently, when two parents head to court over issues related to their children, it often boils down to someone wanting more visitation, or a complete change in custody. Allegations of all sorts can begin to fly when the gloves come off, including drug and alcohol abuse. This can be a game changer when it comes [...]
Sharing custody of your child can be a challenge under any circumstance. Meshing schedules together and ensuring the best interests of your kids during a national pandemic can seem almost impossible, even when you and the other parent have a strong relationship. With school and business closings, stay-at-home orders in place, and unemployment on the [...]
When you and your child’s other parent are divorcing, or just going through a child custody battle, unless a court order specifies otherwise, you both have legal rights to your child. However, when there has been a court order entered determining custody and visitation rights, taking your child out of state, out of the country, [...]
Determining child custody can be one of the most contentious aspects of divorce. Most parents have a basic idea of the different types of custody that are available in a Maryland divorce, but do you understand the difference between legal and physical custody, and how co-parents handle decision-making based on these distinctions? At McCabe Russell, [...]
It is common practice to assume that the best interest of a child includes access to both parents. Co-parenting is a critical element in any parenting plan, and courts want children to spend time with both parents. Under normal circumstances, this is in the best interest of the kids. But what happens when it is [...]
It can be difficult to talk about, but needs to be acknowledged – mental illness affects every aspect of a person’s life, as well as the lives around them. Sometimes mental illness can have serious or devastating effects on a marriage or relationship. Often this can lead to issues with divorce or child custody. When [...]
Updated 2020 Apps can be life-saving in divorce and custody cases. When you are in the throes of a divorce or a custody case, documentation can make or break your case (remember what we’ve said before about discovery). Even when you’re done with litigation, many custody situations demand sharing calendars and reconciling child-related bills. There are [...]
The cost of your attorneys' fees in a divorce or family law matter can be both emotionally painful and painfully expensive. In order to maximize your money with your lawyer, here are our best tips: Be clear on your goals. At McCabe Russell, PA, our divorce intake form asks clients to identify their top [...]
Following in the footsteps of some other courts around the country, Montgomery County Circuit Court will adopt a “One Judge, One Family” policy for qualifying cases commencing January 1, 2016. Prior to the adoption of the policy, different portions of the same case were not necessarily heard by the same judge or magistrate. Going forward, [...]
Yesterday, the Maryland Court of Special Appeals released its latest opinion on third party custody rights in Conover v. Conover. This case involved a lesbian couple. One of the couple, the biological parent, was inseminated and carried the child and the other woman, the non-biological parent, held herself out as the parent to the child, [...]
In the wake of the Ashley Madison hack, we’ve been getting a lot of inquiries about what to do with the information that your spouse may be committing adultery. […]
View our video on 5 steps to take before you divorce. You may also want to review our frequently asked questions about divorce, domestic violence, prenuptial agreements, child custody, and related topics about family law in Maryland. https://www.youtube.com/watch?v=vfwBVhx1F60
Are you wondering whether a second parent adoption is still necessary after the Supreme Court's recent opinion on same-sex marriage? In short, yes it is. While Obergefell was a giant stride for same-sex folks, it is important not to conflate marriage rights with parentage rights. The same parentage issues that used to be present for [...]
Today, making way for same-sex marriage, the Supreme Court decided the landmark case of Obergefell v. Hodges. The opinion gives same-sex couples the same rights as their different-sex counterparts. The issues as framed by Justice Kennedy (writing for the majority) were (1) whether the Fourteenth Amendment requires a State to issue marriage licenses to two people [...]
What does it mean to restructure your family in your Maryland divorce? There is so much negative talk around divorce and separation. We’re all guilty of it. But sometimes divorce is the only option to find your way to a better life and sometimes divorce is not your choice, but a reality you must accept. [...]
We often deal with people who are in crisis during their Maryland divorce – sometimes because they are being left, sometimes because they are dealing with a spouse or co-parent that is “crazy.” Unpacking what “crazy” means is tricky. In the throes of divorcing or of a potential custody conflict , once mild behavior can [...]
There is a lot to be said about a collaborative divorce for any divorcing couple. But as the parent of a special needs child, I can attest that when you are facing a long road of doctor appointments and IEP meetings, you might find that the collaborative process offers you what you need. And I [...]
We meet with a lot of clients who are just beginning to think about divorce and their divorce goals. Some of our clients are the ones seeking to end the marriage, and some of them are responding to a spouse’s announcement that the marriage is over. Whatever the case, there is usually one spouse is [...]
In Maryland what is third party custody? In the most traditionally defined family arrangement, a child has a biological mother and father. But families come in all sorts of configurations and change with circumstances. When a person not outside of the traditional, legal definition seeks custody or visitation of a child – that person is [...]
