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Sep 3, 2019

What is the Difference Between Physical Custody and Legal Custody in Maryland?

By |September 3rd, 2019|child custody|

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, [...]

Apr 29, 2019

How Mental Health Issues Can Affect Child Custody

By |April 29th, 2019|child custody|

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 [...]

Jan 25, 2016

There’s an App for That: Divorce and Custody Apps That Really Work

By |January 25th, 2016|apps, child custody, divorce, documents|

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 SO many [...]

Dec 10, 2015

New “One Judge, One Family” Policy in Montgomery County

By |December 10th, 2015|child custody, children, General|

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, [...]

Aug 27, 2015

Think Second Parent Adoptions Are A Thing Of the Past? Think Again. Conover v. Conover.

By |August 27th, 2015|adoption, case law, child custody, children, LGBT, Maryland law|

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, [...]

Jul 3, 2015

After The Supreme Court Opinion, Do My Spouse And I Still Have To Do A Second-Parent Adoption?

By |July 3rd, 2015|case law, child custody, divorce, LGBT, marriage, parentage|

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 [...]

Jun 26, 2015

The Supreme Court On Same-Sex Marriage: The Practical Impact of Obergefell v. Hodges

By |June 26th, 2015|case law, child custody, children, divorce, LGBT, marriage, parentage|

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 [...]

Nov 18, 2014

But She’s Crazy! When You’re Worried About Protecting (Yourself and) The Kids

By |November 18th, 2014|child custody, children, custody evaluation, documents, mental health|

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 be exacerbated [...]

Nov 14, 2014

Collaborative Divorce: An Option for Parents of Special Needs Children

By |November 14th, 2014|child custody, children, collaborative practice, divorce, special needs|

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 [...]

Jul 15, 2014

What is Third Party Custody in Maryland?

By |July 15th, 2014|child custody, children, LGBT, Maryland law, parentage|

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 [...]

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