Family Law Frequently Asked Questions for Maryland Residents
What Issues Does Family Law Cover in Maryland?
Family law governs legal matters involving families and domestic relationships, including divorce, child custody and support, adoption, domestic violence, guardianship, prenuptial and postnuptial agreements, paternity, and separation agreements. It also includes related issues such as alimony, marital property division, and modification or enforcement of existing court orders.
Do I Need a Lawyer in Maryland for a Family Law Matter?
Family law cases often involve deeply personal issues and complex legal procedures. An experienced Maryland family law attorney can explain your rights, prepare necessary documents, represent you in negotiations or court, and help you reach fair, lasting resolutions. Having skilled legal guidance can make a significant difference in protecting your rights and your family’s future.
What Types of Child Custody Are Recognized in Maryland?
Maryland recognizes two main types of custody:
- Legal Custody: The right to make major decisions about a child’s upbringing, including education, health care, and religious matters.
- Physical Custody: Determines where the child lives and how day-to-day care is managed.
Custody can be sole (one parent has primary responsibility) or joint (both parents share decision-making and/or parenting time).
How Is Child Custody Decided in Maryland?
Maryland courts determine custody based on the best interests of the child. Judges consider a range of factors, including:
- Each parent’s emotional, physical, and financial ability to care for the child.
- The child’s age, health, and preferences (when of sufficient maturity).
- The stability of each parent’s home environment.
- Each parent’s willingness to cooperate and communicate.
- The relationship between the child and each parent.
- Any history of abuse, neglect, or substance misuse.
- Work schedules and availability.
- Each parent’s moral fitness, character, and reputation.
The court weighs all relevant factors to determine an arrangement that best supports the child’s health, safety, and overall well-being.
How Is Child Support Calculated in Maryland?
Child support is determined using the Maryland Child Support Guidelines (Md. Family Law Code §12-204). The calculation takes into account both parents’ incomes, the number of children, health insurance costs, work-related daycare expenses, extraordinary medical costs, and the amount of time each parent spends with the child. Courts may deviate from the guideline amount if applying it would be unjust or inappropriate under the circumstances.
Can Child Custody or Support Orders Be Modified?
Yes. Custody and support orders can be modified if there is a material change in circumstances, such as relocation, job loss, a change in income, or changes in the child’s needs. The parent requesting a modification must show that the change is significant and that the proposed modification is in the child’s best interests.
What Rights Do Unmarried Parents Have in Maryland?
Unmarried parents have many of the same rights and responsibilities as married parents once legal paternity is established.
- Mothers are automatically recognized as legal parents at birth.
- Fathers can establish paternity by signing an Affidavit or Acknowledgment of Parentage (often completed at the hospital or through the Division of Vital Records) or through a court-ordered DNA test.
Once paternity is legally confirmed, both parents can pursue custody, visitation, and child support. Establishing paternity also secures the child’s rights to inheritance, benefits, and financial support.
What Is a Parenting Plan?
A parenting plan is a written agreement that explains how parents will share responsibilities and make decisions about their child after separation or divorce. It usually covers custody schedules, holidays, transportation, education, medical care, and communication methods.
A clear parenting plan helps reduce misunderstandings, encourages cooperation, and provides structure and stability for the child.
Does Domestic Violence Affect Child Custody or Visitation?
Yes. Domestic violence can significantly affect custody and visitation decisions. The court’s highest priority is the safety and welfare of the child and the abused parent. Judges may limit contact, order supervised visitation, or deny custody if there is credible evidence of abuse.
The court will review police reports, protective orders, medical records, and witness testimony when determining what arrangement best protects the child’s well-being.
Do Grandparents Have Custody or Visitation Rights in Maryland?
In certain cases, grandparents may petition for visitation or custody if it serves the child’s best interests—especially when the parents are unfit or unavailable. However, Maryland courts generally defer to parents’ constitutional rights to make decisions about their children.
To obtain custody or visitation, grandparents must show either that the parents are unfit or that denying visitation would cause the child actual harm. The court considers the child’s relationship with the grandparents, the parents’ objections, and all factors affecting the child’s welfare.
What Are the Legal Steps for Adopting a Child in Maryland?
Adoption in Maryland requires a home study, background checks, and court approval. The biological parents’ rights must be legally terminated before the adoption is finalized. Maryland law recognizes several types of adoption, including agency, private (independent), and stepparent adoptions.
Stepparent adoptions are generally more straightforward, particularly when the other biological parent consents or their parental rights have been terminated by the court.
Do I Need a Prenuptial or Postnuptial Agreement in Maryland?
A prenuptial agreement (signed before marriage) or postnuptial agreement (signed after marriage) can protect each spouse’s financial interests by defining how property, assets, and debts will be divided in the event of divorce or death. These agreements may also address spousal support, inheritance rights, and business ownership.
Having a written agreement provides financial clarity and can help prevent future disputes.
Contact Our Maryland Family Law Lawyers at Oliveri & Larsen Today
Whether you are facing divorce, adoption, or a custody dispute, our experienced Maryland family law lawyers at Oliveri & Larsen can help you navigate the legal process and protect your best interests. Call 410-295-3000 or contact us online to schedule a consultation. Located in Annapolis, we proudly serve clients throughout Marylan