Typically, seeking family legal representation indicates you are facing a crisis, whether it involves divorce, a child custody dispute, or a child support disagreement. Even in positive situations, like adoption, you may be experiencing overwhelming emotions and struggling to understand the legal process. That is completely normal. A Baltimore County family lawyer is essential to help you refocus your feelings and circumstances to focus on your end goals.
In all areas of law, particularly family matters, an attorney’s role is to educate and advise you to assist you in making informed decisions. If you have been wronged by a spouse or are concerned about losing custody of or access to your children, it can be difficult to remain objective. Skilled, diligent legal counsel can help ensure your decisions and strategy are grounded in logic and solid legal foundations, while respecting your emotions and the difficult nature of this process.
Divorce and Annulment
Divorce is one of the most common reasons people seek a family lawyer. In Maryland, proving fault is not necessary to get a divorce. Petitioners must, however, establish at least one of three grounds to get a divorce:
- Mutual consent
- A six-month separation
- Irreconcilable differences
The primary state requirement for obtaining a divorce is that at least one of the spouses must have resided in the state, typically for six months. Proving that these grounds took place within the state can be challenging since the state has a no-fault system. A family attorney can review someone’s case and determine if it meets the requirements.
While divorce is the most common method to dissolve a marriage, an annulment is an alternative option, though uncommon. An annulment renders a marriage legally void and is only available if there are very specific grounds for invalidity. Incest, lack of consent, lack of capacity, and bigamy are the four main grounds on which a person can file for an annulment. These grounds do not apply to most marriages, but a skilled Baltimore County familial dispute lawyer can help a spouse determine if an annulment is viable.
Determining Child Custody and Support
Both parents have the right to file for custody or child support. The court initially presumes that both biological parents are capable of caring for and providing for their children, without preference given to either parent in child custody and child support decisions. Therefore, both parents share equal legal rights and responsibilities, including the right to physical custody and an obligation to support the child.
Legal custody refers to the authority to make crucial decisions for the child, while physical custody pertains to the child’s day-to-day care. There are many options for outcomes as to both physical and legal custody. Those outcomes range from sole custody to one parent to equal custody for both parents. It is important to understand the different custodial scenarios in picking the right one to request on behalf of your family.
Determining child custody and support is based on the child’s best interests. To determine the best interest, the Court will analyze numerous factors, as required by Maryland case law. These factors include but are not limited to:
- The character and reputation of the parties
- Any history of domestic violence
- The parents’ willingness to co-parent
- The resources available to each parent
- The physical and mental health of both parents
In addition to finding the appropriate custody schedule for your family, child support ensures the child’s financial stability, even when one parent has fewer economic resources. A fearless Baltimore County domestic relations lawyer can advocate for a parent’s rights and aim to secure the best outcome for their child.
Speak With a Baltimore County Family Attorney
It is essential to have realistic expectations about what an attorney can achieve. In most cases, the court will divide marital property equitably, award child support to the primary custodian, and allow both parents access to the children.
However, exceptions do exist. Your legal counsel must be willing to fight for your rights and protect your children’s physical and mental well-being. Call a Baltimore County family lawyer at Price Benowitz today to schedule a consultation.
