Child custody is an issue in most separations and divorces, and more often than not is the primary source of conflict. Although it is always better to agree to an arrangement and to cooperate with each other when children are involved, it is, however, sometimes necessary to litigate the issue of custody and support. Willis & Henderson can help you resolve the matter and come to an agreement if possible, and litigate to defend your rights if necessary. In Maryland, it is possible to seek custody and support even if there is no divorce action pending, so long as the parties are not living together. You have a right to child support if you are the custodial parent, and a lawyer can help you be sure you are getting the support your child deserves. In Maryland there is no presumption in favor of one parent over the other in deciding custody. That is, there is no presumption in favor of the mother, and no presumption that the father is a better parent for a boy, and the mother better for a girl. There is also no presumption in favor of the parent with the most money, highest income, or better house. The sole standard when the court is deciding custody and visitation is the best interest of the child. There is also no presumption that a parent is unfit simply because he or she might be at fault in causing the divorce, such as in the case of adultery. The court may consider it as a factor, but it does not automatically mean that person will not get custody. There are things you should do to help the children get through a very difficult time: Be Fair and Reasonable with Each Other The separation and divorce is harder for the children than for you. It makes it even harder for them when they are put in the middle and used as a weapon against the other parent. Dealing fairly with the other spouse when it comes to visitation will make things much easier on you and on the children. Establish and Follow a Schedule It is helpful for the children, and for the parents, if the parties are able to establish and follow a schedule for visitation. It creates a routine that everyone gets used to and provides an element of normalcy. Stay Involved with the Children Although the divorce creates strains on the relationship between the parents, the process will be easier for everyone, including the children, if both parents stay involved in the children's lives. Make an extra effort to get to school and extracurricular events. Do Not Speak Negatively about the other Parent This is another way of putting the children in the middle. Besides causing emotional harm to the children, it causes unnecessary conflict, prolongs the case and reduces the chance of settlement. If you need to talk to a lawyer about your case, please send an e-mail to mike@whlawfirm.com, giving your name, the nature of your case, and your contact information. |
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