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UNMARRIED COHABITANTS BENEFITS

Sep 1, 2024 | Family Law

In Maryland, married couples, whether same-sex or opposite-sex, receive full legal benefits. However, for unmarried cohabitants, benefits depend on specific laws and situations. If an unmarried cohabitant dies due to a work-related injury, the surviving partner may receive workers’ compensation benefits if they can prove dependency on the deceased. These benefits can include unpaid disability compensation if designated in the deceased’s will or compensation for death occurring within seven years of the injury. Maryland law generally does not grant death benefits to unmarried cohabitants under federal statutes or the Social Security Act. In terms of automobile insurance, coverage for unmarried cohabitants depends on the specific terms of the policy, such as whether it includes a “household exclusion” clause or extends coverage to household members. However, unmarried cohabitants can be named as beneficiaries on life insurance policies.”

WHAT HAPPENS IN A CHILD IN NEED OF ASSISTANCE (CINA) CASE?

Aug 15, 2024 | CINA

When a child is removed from their home due to concerns of abuse, neglect, or other serious issues, the Department of Social Services files a petition alleging the parents are unable or unwilling to provide proper care. The court then holds a Shelter Care Hearing to decide whether the child should remain in temporary out-of-home placement. Following this, an Adjudicatory Hearing determines if the allegations are true. If the child is found to be in need of assistance (CINA), the court may return the child to the parents, place the child under supervision, order services or assessments, or place the child in foster care or with a relative. Permanency planning hearings are held every six months to establish the best long-term solution for the child.

DIVISION OF ASSETS, DEBT & PROPERTY IN A DIVORCE

Aug 1, 2024 | Divorce

According to Maryland state law, the division of marital property in the case of divorce must be equitable, meaning it must be fair, not necessarily equal. Some couples are able to come to an agreement about how everything should be divided without legal intervention, and are able to submit an agreement for court approval. Others need the help of a divorce attorney in Maryland or mediators to assist in the negotiation of a settlement.

MARYLAND CHILD SUPPORT

Jul 15, 2024 | Child Support

Child support in Maryland is designed to ensure that every child in the state receives adequate financial support, whether the parents are legally separated, divorced, or if they never married in the first place. Support generally takes the form of payments from the noncustodial parent to the custodial parent. The custodial parent is defined as the parent who provides the majority of the care to the child, and this means that the parent who has been awarded a greater share of custody in divorce proceedings, will generally be the one receiving the support payments. Child support payments typically continue until the child turns 18, but may continue until the child finishes high school if they have not graduated by the time they turn 18. In some instances, the court may determine that the child requires support longer, usually in cases involving disability. Support payments can only end prior to age 18 if the child emancipates themselves, joins the military prior to turning 18, marries and leaves the custodial household, or if the parents agreed to a different time period in their marital settlement agreement. Child support should be taken very seriously and it is important to consult with a Maryland family law attorney about your legal rights.

CHILD CUSTODY INTERSTATE JURISDICTION ISSUES

Jul 1, 2024 | 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 whether a state’s courts can legally decide a child custody or placement case for any given child. It also explains how custody or visitation orders issued by a court in one state can be enforced by the courts of another state. “Jurisdiction” is the power or right of a court to decide a case and to make orders that can legally be enforced against a particular person or people.

PREMARITAL AGREEMENTS

Jun 15, 2024 | Family Law

Premarital agreements, also known as prenups, are legal documents signed before marriage to define how assets and responsibilities will be handled in the event of divorce, separation, or death. They’re especially common for individuals with substantial assets, children from previous relationships, or potential inheritances but can benefit anyone who prefers to control asset distribution rather than leaving it to the courts.

At The Burton Firm, we guide couples in creating clear, fair, and enforceable premarital agreements, ensuring both parties feel secure and protected. Contact us today to discuss your needs with an experienced Maryland family law attorney.

WHAT TO DO WHEN YOUR EX-SPOUSE WON’T PAY CHILD SUPPORT

Jun 1, 2024 | Child Support

It can feel like the battle is over once the court rules in your favor regarding child support. Unfortunately, the enforcement of child support can be challenging. What is a parent to do if an ex-spouse fails or refuses to pay the child support they have been ordered to give? If you find yourself in this situation, contact a Maryland child support attorney immediately.

DOMESTIC VIOLENCE, ETHNICITY IMMIGRATION & CHILD-CUSTODY

May 1, 2024 | Domestic Violence

Domestic violence is a violent confrontation between household members involving physical harm or sexual assault. It can be between spouses, former spouses, those in or formerly in a dating relationship, adults related by blood and those who have a biological or legal parent-child relationship. Domestic violence, beyond just being physically abusive, is also psychological. The batterer uses acts of violence and a series of behaviors including intimidation, threats, psychological abuse and isolation to coerce and control the other person.

GUARDIANSHIP & CUSTODY IN MARYLAND

Apr 15, 2024 | Guardianship

A legal guardian is someone that takes over day-to-day decision making and control of the child that the natural guardian cannot. The legal guardian will make all parenting decisions including requesting and accepting medical treatment on a child’s behalf, enroll the child in public school in the guardian’s community and provide for the child’s general welfare. Keep in mind this does not include financial responsibility as this still remains with the parents but depending on the parent’s situation, guardians often provide financial support. It’s always best to consult with an experienced attorney who can help you with your specific case. Guardianship is a sub-set of custody and because most schools require custody to enroll a minor child, you should look into a kinship care arrangement. In order to obtain guardianship over a minor child, a third party should file a petition which your lawyer can help you with.

CHILD CUSTODY, VISITATION & SUPPORT

Apr 1, 2024 | Child Custody

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.

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