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ADOPTION IN MARYLAND

Dec 1, 2022 | Adoptions

In the State of Maryland, “adoption is the creation of a parent-child relationship by a judicial order between people who are not a natural parent and a child” (The people’s Law Library of Maryland.) Under the law, once the court orders an adoption, it ends the parental rights and responsibilities of the natural parents.

Any adult who is not the natural parent may petition the court for an adoption. The petitioner may be single or married and is required to complete a 27-hour home study course. Maryland law also requires that the legal guardians of the person to be adopted consent to the adoption; and, if the child is over the age of 10, the child must also consent.

MARYLAND FAMILY LAW, DIVORCE, LEGAL SEPARATION, ANNULMENTS & CUSTODY

Nov 15, 2022 | Divorce

An annulment is a decree establishing that the marriage between two parties never existed. The Maryland Family Court is dealt with deciding the validity of each annulment case and infrequently grants annulments. If the court decides to grant the annulment, it is considered that you and your spouse were never married. If you are seeking an annulment, it is advisable for you to speak with an experienced Maryland family law attorney at The Burton Firm. The standard of proof that must be met to prove an annulment is difficult to meet, but we are very familiar with the Maryland Family Law Court and know what judges and law to expect.

LIMITED & ABSOLUTE DIVORCE

Oct 15, 2022 | Divorce

In the State of Maryland family law proceeding such as “legal separation” does not exist. Instead citizens of Maryland are offered two options: (1) limited divorce or (2) absolute divorce. Limited divorce is NOT permanent, absolute divorce IS permanent.

When a couple wishes to separate but are not ready to go through a full blown divorce proceeding, limited divorce is the remedy. This proceeding is very similar to a proceeding described as “legal separation” in other states. The court will recognize the decision of the parties to maintain separate housing or residences, bank accounts, but will stop short of dissolving a marriage. The proceeding of limited divorce may be helpful as a starting point while the parties work their way towards an absolute divorce.

CHILD CUSTODY & VISITATION

Oct 1, 2022 | Child Custody

Under Maryland law, both the father and mother are equally presumed to be the natural parent of their children, unlike some states that may give favor to the mother from the get-go. Custody and visitation rights are strictly granted specifically considering the best interest of the child or children. Other family members may seek custody of the children, but the favoritism is given to the natural mother and father. If you need assistance with determining visitation, make sure you speak to a Maryland child custody attorney.

Custody and visitation arrangements are never permanent; either parent may request a reassessment of the arrangements as circumstances change. This is accomplished through the petition of the Court for a Court order modification.

MARYLAND CHILD SUPPORT GUIDELINES

Sep 15, 2022 | Child Support

When dealing with child support, the state of Maryland adopted a guideline measured by the income of the parties involved. The new Maryland law tops off at a combined adjusted annual income of $180,000 per annum or $15,000 per month. Keep in mind, child support will increase depending on the number of children involved. However, just with the old guidelines, the court will have discretion in setting the support level for the parties and individuals.

HOW & WHY TO ESTABLISH PATERNITY

Aug 1, 2022 | Family Law

Establishing paternity is crucial for ensuring a child’s legal rights and access to benefits. In Maryland, paternity is not automatically assigned to fathers, even if their name is on the birth certificate. Establishing paternity provides several advantages, including access to government benefits, health insurance, family health history, citizenship, financial support, and legal rights for the father. If paternity is disputed, DNA testing can be used to prove fatherhood. The Burton Firm in Maryland specializes in family law and can help individuals establish paternity to secure these rights. Contact them for a consultation to discuss your situation and determine the best course of action.

GRANDPARENT & 3RD PARTY CUSTODY & ACCESS

Jun 15, 2022 | Child Support

The bond between grandparents and grandchildren is special, but in Maryland, grandparents face significant legal challenges when seeking custody or visitation rights. Maryland law does not give preference to grandparents over other third parties, and there is no legal entitlement for grandparents to have custody or visitation. However, grandparents can petition for reasonable access, but they must prove that the parents are unfit or that extraordinary circumstances exist, such as abuse or neglect. Grandparents can seek court intervention through guardianship, custody, or visitation. The court considers various factors, including the well-being of the child and the circumstances of the parents. If you are a grandparent seeking custody or visitation, it’s crucial to contact an experienced Maryland family law attorney to help you navigate this complex process.

ADULTERY & DIVORCE IN MARYLAND

Nov 15, 2021 | Divorce

In Maryland, adultery is considered both a civil and criminal offense, though prosecutions are rare. Adultery is defined as voluntary sexual intercourse between a married person and someone of the opposite sex. If a married person engages in sexual relations with a same-sex partner, they may not be guilty of adultery but could be charged with constructive desertion, which is also grounds for divorce. Other grounds for divorce in Maryland include a 12-month separation, imprisonment, incurable insanity, and cruel treatment. While individuals can represent themselves in divorce cases, it is advisable to consult a lawyer to ensure all legal rights and assets are properly addressed. The Burton Firm specializes in family law and can assist with divorce, adultery, and bigamy cases, providing expert guidance and protecting your legal rights.

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