Donlick Law
FAMILY LAW
Custody Proceedings
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If you and the other parent of your child or children are unable to reach an agreement as to a custody and/or visitation schedule, then either one of you, or both of you, will file the appropriate pleadings in court.
This could be in the form of a Complaint for Divorce that seeks a custody determination if you are both married, a Complaint for Custody, or a Complaint for Visitation.
Following the other parties’ answer to your complaint, he or she then may request an initial custody conference of the court. The process to get an initial custody conference may take one to two months.
An initial custody conference is an opportunity for parties and counsel to inform a Master of the Court what the current custodial situation is, and what schedule he or she is seeking pending ultimate resolution by the Court, perhaps a trial.
The Master will, following the hearing, make what is called a Pendente Lite (pending litigation) recommendation as to custody.
If either party disagrees with the Master’s Recommendation, he or she may file what is called Exceptions (or an appeal) to the Master’s Recommendation.
Should it be that neither party files Exceptions the Order will be signed at the expiration of a ten day waiting period by a Judge of the Circuit Court for Harford County.
Should both parties be unable to reach agreement following the Evaluator’s Report and Recommendation, the custody matter will be set for trial. It is very likely that trial will be schedule six months or more later. Your entire case may not be heard for up to one and a half to two years.
I would stress that of utmost importance is the need, when possible, for parties to reach an agreement as to custody. Parties reaching an agreement not only alleviate the emotional stress and strife surrounding the uncertainty of their lives and that of their children, but also have the satisfaction that they were both successful in reaching an agreement together and taking the first steps at co-parenting while apart – something that will need to take place throughout the life of your child or children.
Brochure available with in depth information
Compromise
In any situation in which a family is breaking apart, tensions are particularly high. It is of utmost importance wherever possible for each party to attempt to negotiate a reasonable compromise to this difficult situation. Often times this will involve suppressing very real and personal emotions and feelings. Particularity, when speaking on the issue of custody, parties that are able to reach a compromise benefit in that they reached an agreement together for a child that they had together, neither party was forced to litigate custody and drag up old and hurtful allegations regarding the other party, and not so insignificantly the parties have saved a tremendous amount of money in not litigating the issue of custody.
In reaching an agreement as to property disposition, once again each party is provided the opportunity of dividing property such that not necessarily they are completely satisfied, but that each can live with the result. Similarly, in not litigating disposition of property, each party has once again demonstrated the ability to communicate and cooperate, but also has save a tremendous amount of money. At the end of the day, particularly in custody situations, each party will need to be able to co-parent and cooperate in raising of a child. It is hopeful that when your child or children graduate from high school, that when they come off the stage they will not have to make a decision as to which parent to go to, because both parents will be sitting together to celebrate that important day together.
Contained within the materials provided are some statistics with regard to children raised in separated families that were contentious vs. children raised in separated families that were less contentious.
Separation & Divorce
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There are a number of ways in which an actual separation of married parties comes about.
Whether it be to commence an action for financial relieve, custody of minor children, or simply to attain a divorce, one party will file a Complaint for Divorce in the appropriate Circuit Court. Often, the Complaint will be filed post-separation. The other party served he or she will have thirty (30) days from service (if they reside within the State of Maryland, sixty (60) days if they reside outside of the State of Maryland, and ninety (90) days if they reside outside of the United States) in order to file an Answer to your Complaint. Very often the Answer will be a denial of the allegations contained therein to the extent that you are requesting financial relief and custody. Once the Answer is filed with the Circuit Court, you than have the ability to request of the Circuit Court (1) an initial conference to establish an interim schedule for custody, and (2) a separate hearing on financial issues
With regard to the initial conference to establish an interim custody schedule, this is an opportunity for parties and counsel and perhaps some witnesses, to explain to a Master of the Court what the current custodial situation has been throughout the course of the marriage and what schedule each party is seeking pending the outcome of the case. The Master will hear from both sides and make a recommendation as to interim custody. At this initial custody conference, it is likely that the parties will be referred to the Office of Family Court Services for a Custody Evaluation. During a Custody Evaluation, both parties are assigned to a Social Worker that will speak with each party, the children, collateral sources (such as teachers, relatives, or any other individual with pertinent information) in order to assess the past custodial situation, and what would be best for the child or children involved going forward.
With regard to financial support, it is hopeful, but not guarantied that a Support Hearing could be scheduled within two to three months of the request (please note the request comes following the other parties having filed their Answer). Prior to a Support Hearing both parties will likely provide Discovery, or a request for information in the form of documents or questions upon the other party. In particular, prior to a financials hearing, financial documentation as to a parties’ expenses and income is relevant. In analyzing your need, a Master of the Court will review your current financial obligations and weight them against your current income. Also at that financial hearing you will have the ability to present evidence and testimony for the Master to compile Child Support Guidelines. Maryland Child Support Guidelines are largely a product of income and overnights. Once income is established the Master plugs in that income (before tax income) to the Maryland Child Support Guidelines. The Master, likely using the Court’s Order as to custody, will than include the number of overnights that each party has. Other items the Master will consider would be alimony that is paid from one party to the other, health insurance, extraordinary expenses, daycare expenses, or other child support obligation of you or your spouse. Once this information is available to the Master, a computation is done which determines the amount of child support according to Maryland Child Support Guidelines. Following Support Hearing, the Master will make a recommendation as to what if any alimony is to be paid and what amount of child support will be paid. Should either party disagree with the amount of support awarded, that party may file Exceptions (or an appeal) to the Master’s Recommendation
If after opportunity for Pre-Trial Settlement Conference, or conferences, the parties are still unable to reach and agreement on any remaining issues present in their case, the case will go to trial. At the time of the trial the parties will present evidence as to what is in the best interest of the minor children for custody, what type of financial relief they need themselves, the property and each parties allegation as to the value of any property, and the grounds for divorce. Following trial the Judge will render any opinion. That opinion will be a final ruling one or both parties note an appeal to that decision.