Best Family Lawyers in Maryland

About Family Law in Maryland, United States

Family law in Maryland addresses legal issues related to relationships among family members. This area typically includes matters such as marriage, divorce, child custody, child support, adoption, domestic violence protection, and guardianship. Maryland family law courts seek outcomes that protect the best interests of children, ensure fair distribution of assets, and provide for the safety and welfare of family members. Like many states, Maryland has its own set of statutes, procedures, and local court rules that shape how family law cases are handled.

Why You May Need a Lawyer

Family law matters are often highly emotional and can significantly impact your personal life, finances, and the well-being of your children. You may need a family law attorney in Maryland if you are facing any of the following situations:

• Filing for divorce or responding to a spouse’s divorce petition
• Negotiating property division, alimony, or spousal support
• Establishing, modifying, or enforcing child custody or visitation agreements
• Pursuing or contesting child support
• Petitioning for adoption or guardianship
• Seeking protection from domestic violence or filing for a restraining order (protective order)
• Handling paternity disputes or questions about parentage
• Seeking mediation or collaborative law to resolve family disputes outside of court

Having an attorney can help you understand your rights and responsibilities, ensure legal procedures are properly followed, and advocate for your interests in court or negotiations.

Local Laws Overview

Maryland has several unique aspects of family law that can impact your case:

• No-Fault Divorce: Maryland allows no-fault divorces based on mutual consent, which means you do not need to prove fault such as adultery or abuse if both parties agree and meet certain conditions.
• Child Custody: Courts decide custody based on the best interests of the child, considering various factors like child’s wishes, parental fitness, and stability.
• Equitable Distribution: Maryland courts divide marital property equitably, which may not necessarily be a 50-50 split. Separate property is generally not divided.
• Child Support Guidelines: Maryland uses an income shares model, taking into account both parents’ incomes and the number of children to determine support obligations.
• Protective Orders: Victims of domestic violence can seek protective orders offering immediate and long-term protection.
• Adoption Requirements: Maryland law provides for adoption by individuals, couples, and stepparents, with background checks and home studies required in most cases.

Family law cases are handled in local Circuit Courts, and many counties in Maryland provide family services or mediation to help resolve disputes.

Frequently Asked Questions

What is the difference between legal and physical custody in Maryland?

Legal custody refers to the authority to make major decisions for a child, such as education and healthcare, while physical custody refers to where the child lives. Parents can share legal and physical custody, or one parent may have sole custody in either category.

How long does it take to get a divorce in Maryland?

The duration of a divorce depends on several factors, including whether it is contested or uncontested. An uncontested divorce based on mutual consent can be resolved in as little as a few months, while contested cases may take much longer.

Do I have to go to court for a divorce or custody case?

Many family law cases are resolved through mediation or settlement agreements, but if the parties cannot agree, the case may proceed to hearings or trial in the Circuit Court.

Can grandparents obtain visitation rights in Maryland?

Maryland law allows grandparents to petition the court for visitation. However, significant weight is given to parental preferences, and the court decides based on the best interests of the child.

How is child support calculated?

Child support is determined using Maryland’s Child Support Guidelines, which consider each parent’s income, childcare costs, health insurance, and other relevant factors.

What should I do if I fear for my safety or my child’s safety?

If you are in immediate danger, call 911. You can also file for a protective order (restraining order) in District or Circuit Court to obtain legal protection from an abuser.

Can agreements made between spouses be enforced by the court?

Yes, written agreements regarding the division of property, custody, child support, and other matters can be submitted to the court and, if approved, become legally binding and enforceable orders.

What happens to the family home in a divorce?

If the home is marital property, the court may order its sale or award it to one of the spouses, considering the needs and financial capabilities of each party and the best interests of any children involved.

Are same-sex couples treated the same as opposite-sex couples in Maryland family law?

Yes, Maryland law treats all couples equally regarding marriage, divorce, adoption, and other family law matters.

How can I modify a child custody or support order after the court has made a decision?

You can request a modification by filing a motion with the court if there has been a material change in circumstances, such as changes in income, relocation, or a child’s needs.

Additional Resources

Here are some helpful resources for family law issues in Maryland:

• Maryland Judiciary Family Law Self-Help Center - Offers free legal information and referrals for family law matters.
• Maryland Legal Aid - Provides legal services for low-income individuals dealing with family law cases.
• State of Maryland Department of Human Services - Handles matters like child support enforcement and protective services.
• Local Circuit Courts - Each county’s Circuit Court has family law resources and may offer mediation, court-appointed evaluators, or support services.
• Maryland Network Against Domestic Violence - Advocacy and support for those experiencing domestic abuse.

Next Steps

If you require legal assistance with a family law matter in Maryland, here are suggested steps:

• Gather all relevant documents and information relating to your case, such as marriage certificates, custody agreements, financial records, or evidence of abuse.
• Consult with a qualified Maryland family law attorney, especially if your situation involves complex assets, contested custody, or questions about your legal rights.
• Explore free or low-cost consultations that many attorneys or legal aid organizations offer.
• Utilize court self-help centers or online resources for information and forms if you plan to represent yourself.
• Take prompt action if there are safety concerns, or if you need to meet court deadlines for filings or hearings.

Seeking professional advice early can help protect your interests, ensure compliance with local laws, and achieve the best possible outcome for you and your family.