Maryland Family Law Lawyer

Call for a Free Consultation

(301) 420-5540

 

Author: Burton Firm

THE BURTON FIRM > Articles posted by Burton Firm (Page 6)

Children of Divorced Same-Sex Parents

Since same-sex marriage is legal in the state of Maryland, it is important to understand the nuances and issues that could arise from divorce of same-sex marriage, including that of children. A child born or conceived during a marriage is presumed to be the legitimate child of both spouses, not just the spouse who gave birth to the child. In the past when a same sex couple adopted a child in the state of Maryland, only one of them actually adopted the child from the agency, country or service because two people without a legal tie to one another are...

Continue reading

Child Enticement in Maryland

On average, 33 children every day are abducted by a non-family member and most of them are sexually assaulted before being released. Child enticement is a serious crime and something every parent needs to be on the look out for. Child enticement is conduct (including an attempt or conspiracy to commit conduct) that equates to criminal sexual abuse, sexual exploitation, or anything else of this sort. Any adult that persuades, solicits, entices or lures by words, actions or through any sort of communication any minor for the purpose of engaging in sexual conduct may be found guilty...

Continue reading

Unmarried Cohabitatnts’ Benefits

In the state of Maryland, when you marry whether it’s same-sex or opposite-sex, the couple will have all benefits as determined by its legal status. But what if one unmarried cohabitant dies? Does the surviving cohabitant receive any benefits? The answer depends on the different categories and the controlling law in each. When a person dies from an injury that arose out of his or her employment, that employee’s survivors are entitled to workers’ compensation benefits if the act covers the particular situation. An unmarried cohabitant who can show that he or she was wholly or partly dependent on...

Continue reading

Domestic Violence

What is Domestic Violence? Maryland law defines domestic violence “abuse” as the occurrence of one or more of the following acts between “family or household members”: Assault An act that places a person in fear of imminent serious bodily harm An act that causes serious bodily harm Rape or sexual offense Attempt rape or sexual offense Stalking False imprisonment, such as interference with freedom, physically keeping you from leaving your home or kidnapping you. What Can the Courts Do? Depending on your relationship to the alleged abuser, there are two types of civil relief: a protective order and a peace order. Protective orders are the main vehicle of civil relief...

Continue reading

Identity Theft

Recent identity theft statistics released by the Federal Bureau of Investigation, claim that 9.91 million Americans were identity theft victims and have experienced losses totaling $52.6 billion. These statistics show that identity theft occurs much more often than the average person assumes. Under Maryland’s laws, it is a crime to possess or obtain a person’s personal identifying information, including their name, address, social security number, bank account number, or credit card number, without the person’s permission in order to use the information to obtain credit or goods or services. It is considered identity theft or identity fraud. Identity theft is a...

Continue reading

What happens in a Child in Need of Assistance (CINA) case?

If a child is removed from the home, the department of social services will file a petition alleging that: the child has been abused, neglected, has a development disability or mental disorder and the child’s parents are unable or unwilling to provide proper care for the child. After the child is removed, the court will hold a Shelter Care Hearing where the judge or master will decide whether the temporary out of home placement of the child in “shelter care” should continue. “Shelter care” can be up to 30 days and 60 days in certain circumstances. The court will then...

Continue reading

Identity Theft Defense

Recent identity theft statistics released by the Federal Bureau of Investigation, claim that 9.91 million Americans were identity theft victims and have experienced losses totaling $52.6 billion. These statistics show that identity theft occurs much more often than the average person assumes. Under Maryland’s laws, it is a crime to possess or obtain a person’s personal identifying information, including their name, address, social security number, bank account number, or credit card number, without the person's permission in order to use the information to obtain credit or goods or services. It is considered identity theft or identity fraud. Identity theft is a...

Continue reading

Drug Possession

In the State of Maryland, a new drug possession law was recently passed. It reduced penalties and fines for illegal possession of marijuana. Under the new and current law, a person in possession of less than 10 grams of marijuana faces up to 90 days in jail and a fine of up to $500. A conviction for possession of over 10 grams can result in up to a year in jail and a fine of up to $1,000. Nonetheless, Maryland is still considered one of the worst states to receive a drug possession charge. The penalty for simple possession of a...

Continue reading