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Author: Burton Firm

THE BURTON FIRM > Articles posted by Burton Firm (Page 2)

WILLS & POWER OF ATTORNEY

MARYLAND FAMILY LAW ATTORNEY Wills & Power of Attorney in Maryland Although Maryland law regards wills and powers of attorney as separate documents, both create rights and responsibilities for different parties. Both create a mechanism for one person to legally act on behalf of another and both have specific provisions under Maryland law that they must meet to be valid. A will is a legal document that describes how the person drafting the document wants to have their assets and property disposed of when he/she dies. The will appoints an executor who distributes the assets on behalf of the decedent. If someone dies...

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GRANDPARENT & 3RD PARTY CUSTODY

MARYLAND FAMILY LAW ATTORNEY Grandparents Visitation Rights in Maryland When courts need to make a decisions about child custody or visitation, the court balances what is best for the child with what a parent’s constitutional right is in regards to how the child should be raised. There are a variety of factors the court will look at including the role of any other party such as grandparents. Maryland law allows grandparents to ask the court for visitation rights and even custody rights. If you are trying to get visitation rights for your grandchild, make sure to contact an experienced Maryland family law...

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CHILD SUPPORT CALCULATIONS

CHILD SUPPORT ATTORNEY IN MARYLAND Obtaining and ensuring child support payments can be tough Since 1990, Maryland has used a very particular child support calculator to determine the amount to be paid. The guideline is designed to estimate the percentage of income that parents would spend on children if the parents were living in the same household. The formula begins with each parent’s actual monthly income. If a parent is not working and has no other form of income, the court can still assign income if it finds that the parent has the ability to work. Additionally, each parent’s actual or assigned income can...

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MARYLAND MEDIATION & CONFLICT RESOLUTION

MARYLAND FAMILY LAW ATTORNEY Maryland Mediation and Conflict Resolution office was created to promote the availability and use of alternative dispute resolution throughout Maryland. They do this in a variety of ways such as collaborating with courts, ADR practitioner organizations and other stakeholders to advance the field of conflict resolution. They also provide grants and technical assistance to support court, community, school and universities and government ADR programs and projects. They provide training and presentations to courts, bar associations, and other organizations and groups for skill enhancement, professional growth, ethics matters and public information and awareness. They work to improve the...

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CHILD CUSTODY, VISITATION & SUPPORT

FAMILY LAW ATTORNEY IN MARYLAND Child custody and visitation is another important part of the divorce proceeding. When contemplating which parent should get primary custody the Court must reach a decision that is "in the best interest of the child." There are several major facts that the Courts will consider before awarding primary custody to one parent or the other: parents ability provide for the child, continuity of primary caregiver, lifestyle and conduct of parents, mental and physical health of parents, child's age and preference. Stability of the environment is key. In previous years under the "tender years" doctrine the Courts were able...

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CHILD CUSTODY INTERSTATE JURISDICTION ISSUES

MARYLAND FAMILY LAW LAWYER Family law is very complex, especially when it pertains to child custody. Although the Uniform Custody Jurisdiction and Enforcement Act (UCCJEA) was designed to resolve any complexities between states, if you find yourself in the middle of an interstate child custody dispute, contact an experienced Maryland family law attorney who can help you. If the parents live in different states or nations, the first issue that must be resolved is whether the court has proper jurisdiction over the person to handle the child custody or support dispute. The UCCJEA is the law that spells out the rules for...

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FAMILY LAW MEDIATION

DIVORCE LAWYER CHARLES COUNTY Family law mediation is mediation for disputes in actions for divorce, annulment, establishment of paternity, child custody or visitation, and child or spousal support. Mediation is a process in which the parties appear before an impartial third party who does not have authority to adjudicate (make a formal decision) the dispute; however, by applying mediation techniques generally accepted within the professional mediation community, assists the parties by identifying the issues and interests of both parties, exploring settlement alternatives, and fashioning the basis of an agreement. Mediation can be very beneficial to both parties, especial if any children are involved...

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PRENUPTIAL CONTRACT / AGREEMENT

MARYLAND DIVORCE LAWYER ATTORNEY HELPING WITH ALL LEGAL ASPECTS OF GETTING DIVORCED In the State of Maryland, agreements made prior to the time of the ceremony between spouses-to-be is called a prenuptial contract or agreement. Typically, valid prenuptial agreements remain enforceable after divorce. Precedent shows us that prenuptial agreements are very difficult to void. However, this may change. In March of 2013, a Brooklyn court invalidated a prenuptial agreement that a Long Island woman had signed with her millionaire husband before their 1998 wedding. This is a precedent-setting move, and divorce lawyers in every state are sitting up and taking notice. For this reason,...

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ADULTERY AS GROUNDS FOR DIVORCE

MARYLAND DIVORCE ATTORNEY Adultery as a Ground for Divorce Most people feel a sense of sadness when something comes to an end. Whether it was good or bad, there is still that feeling of loss and we’re sad to see it go. When it’s a marriage that is coming to an end, families are affected and that feeling of loss is magnified. When that end comes about because of adultery, the pain and sorrow can be unbearable for some, and in Maryland, proven adultery as a ground for divorce will affect the amount of alimony you pay/receive, and the amount of time...

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WHAT IS A GUARDIAN IN MARYLAND?

FAMILY LAW ATTORNEY IN MARYLAND What is a Guardian in Maryland? A guardian is someone appointed by the Court to assume legal responsibility for another person or another person’s property, or both. Guardianship is appropriate and necessary when an individual is not capable of making their own decisions in society. Three examples are: Minors – Individuals who are under the age of 18 Mentally Disabled – Individuals who have been diagnose and treated for mental disability Elderly – Certain elderly individuals can be classified as unable to care for themselves, and will therefor require a guardian For the sake of time, we are...

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