15 November

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Child Custody, Visitation & Support

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 to award primary custody to the biological mother for children...

01 August

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Children of Divorced Same-Sex Parents

Posted by Burton Firm

in Child Custody, Child Support, Divorce

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...

01 July

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Child Enticement in Maryland

Posted by Burton Firm

in FAMILY LAW, Uncategorized

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...

01 June

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The Emancipation of a Minor

Posted by Burton Firm

in FAMILY LAW

The emancipation of a minor refers to freeing a minor (anyone under the age of 18) from parental control. Maryland law allows for either partial or complete emancipation. Complete emancipation means the child is completely eradicated from parental control whereas partial means the child is free for a certain time or for some special purpose or from a part of a parent’s rights. There are generally 4 ways in which a minor may be either completely or partially emancipated. The first is that the minor reaches the age of majority, which, in the state of Maryland,...

01 May

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Unmarried Cohabitatnts’ Benefits

Posted by Burton Firm

in FAMILY LAW

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...

15 February

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Domestic Violence

Posted by Burton Firm

in 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...

15 January

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Identity Theft

Posted by Burton Firm

in Criminal 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...

01 September

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

Posted by Burton Firm

in CINA

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...

01 June

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Identity Theft Defense

Posted by Burton Firm

in Criminal Defense, 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...

15 May

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Crimes Against Marriage

Posted by Burton Firm

in FAMILY LAW

Two very different types of cases define the America legal system: criminal and civil. Civil cases are generally considered disputes between individuals or entities regarding legal duties and responsibilities that they owe one another, a stark contrast to criminal cases, which are considered crimes against the states. In the State of Maryland, adultery and bigamy are both a civil and criminal offense. Adultery (cheating) is defined as “voluntary sexual intercourse between a married person and a person other than that person's husband or wife.” Even though the completion of sexual intercourse is not required for the standing of adultery, the sexual...

Child Custody, Visitation & Support

Children of Divorced Same-Sex Parents

Child Enticement in Maryland

The Emancipation of a Minor

Unmarried Cohabitatnts’ Benefits

Domestic Violence

Identity Theft

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

Identity Theft Defense

Crimes Against Marriage

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