In evaluating child custody cases, the Maryland appellate courts give wide berth to the decisions of the trial courts. A judicial determination associated with child custody will not be disturbed unless the trial court abuses its discretion. This standard of review accounts for a trial court’s unique opportunity to observe the demeanor and credibility of the parties and the witnesses. What happens in situations in which parents cannot communicate with one another? Can a trial court require parents to participate in a joint legal custodial arrangement when parents do not have the ability to come to the simplest of agreements about the issues having a long term impact on the health, education, and religious practices of their children? According to the holding in the recently decided case, Santo v. Santo, filed on July 11, 2016, the answer to this question is ‘yes’. The Maryland Court of Appeals did not abuse its discretion when it awarded the parties joint legal custody with tie-breaking provisions over several major matters affecting the lives of their children. Trial courts have broad discretion in how they fashion joint custody awards. The Court further held that although the parents clearly lacked the capacity to communicate or cooperate well, this inability to communicate does not preclude the court from making an award of joint legal custody. To elevate effective parental communication so that it becomes a prerequisite to a joint custody award would undermine the trial court’s complex task of evaluating the facts and circumstances of each case; a task that is necessary to determine the best interest of the children. The Court of Appeals further...
Am I required to pay for my children’s college expenses? In Maryland, mothers and fathers are generally not required under the law to pay for college expenses of their children. Child support obligations for fathers and mothers terminate when a child attains the age of 18 years or graduates high school, which ever one occurs last and child support generally will not go beyond the age of 19 years. If parents are committed to paying for a child’s college expenses, the law will enforce a contract, usually in the form of a separation agreement. This may later become a part of the final judgment of absolute divorce between the parents. Of course there is nothing that prevents either parent from paying for a child’s expenses, but without a contract, a parent may not be legally obliged to do so. If I don’t live with my children, how can I maintain a relationship with them after the divorce? When a family reorganizes, parents can decide, or if necessary courts can determine, where children live. In Maryland law, we have three general concepts that address this. One is called sole physical custody, where a child lives primarily under the roof of one parent. Another concept is shared physical custody which means a child lives for a minimum of one third of the year, or 128 overnights, with one parent or up to one half of the time, or approximately 182 overnights with each parent. A third concept is known either as visitation, also known as an access schedule, which means something less than the shared physical custody. Visitation...
And not just featured- on the front cover. Cynthia Lifson is featured on and in The Daily Record under the powerful words “Halting Harassment.” A long-time advocate against domestic violence, Lifson recently testified in support of legislation that significantly broadened the definition of stalking. This legislation received the overwhelming support of the General Assembly and was officially signed by the Governor on May 19. The new law will go into effect on October 1. While stalking has been a crime in Maryland for a number of years, the new law will prohibit a person from engaging in a malicious course of conduct in which the person intends to cause or knows or reasonably should have known, that the conduct would cause serious emotional distress in another. Until the passage of this new law, stalking was limited to a showing that the malicious course of conduct would place another in reasonable fear of: serious bodily injury; an assault in any degree; rape or sexual offense or attempted rape or sexual offense; false imprisonment; or death. The Bureau of Justice Statistics, an agency of the U.S. Department of Justice, identified and measured seven stalking behaviors that that would cause a reasonable person to feel serious emotional distress. These behaviors include: Making unwanted phone calls; Sending unsolicited or unwanted letters, e-mails, messages or texts; Following or spying on the victim; Showing up at places without a legitimate reason; Waiting at places for the victim; Leaving unwanted items, presents, or flowers; Posting information or spreading rumors about the victim on the internet, in a public place, or by word of mouth. While these...
It is not a big revelation to notice that the widespread use of the internet has hugely changed the way all of us operate. With easy access to information through the world wide web, we can readily learn new things and become quite self-sufficient in managing our lives. As we evaluate how to allocate our resources – both time and funds – one of the things to be considered is whether or not we will engage in “do it yourself” or engage in hiring someone to assist us with important transactions. In thinking about this basic question, I have come to conclude that the “do it yourself” approach is appropriate in many situations. As I see it, if something ultimately does not have a serious impact on health, finances, or children, I will choose to undertake the research and do the work myself to accomplish what needs to be done. I will also frequently recommend that clients do the same. But in situations where the impact of an intervention or the lack of an intervention may involve long-lasting consequences, I approach the internet as a starting point to gather information and then engage expert assistance. In my professional life, I have had the experience of guiding clients through difficult times when their families are in transition. It is my job to know and understand and explain how the law might affect my clients and how a judge in the City or in any one of the counties where I practice – Howard, Montgomery, Frederick, Anne Arundel, Baltimore or Prince George’s – may view the case. I have repeatedly observed...
Managing in the Digital Age & Modernizing Divorce Law Over the past few weeks, Governor Hogan’s staff has been busily reviewing bills passed by the Maryland General Assembly at the close of the 2016 session to ensure, among other things, that the bills meet the requirements of the United States and Maryland Constitutions. Then, in what is truly a joyous celebration of democracy, legislators and citizens gather in the Governor’s ceremonial chamber in Annapolis to witness the signing of various bills that will shortly be added to the Maryland Code. One of the more interesting bills passed by the Maryland General Assembly this year is the Maryland Fiduciary Access to Digital Assets Act. This new law empowers us to appoint fiduciaries, typically agents, personal representatives, or trustees, to manage our digital assets. Such assets in the form of computer files, e-mails, text messages, along with photos, videos, music and game files can be accessed not only by a person who created these assets but by another who is properly designated, consistent with the new statute. Such access will eliminate the uncomfortable and painful continuation of digital assets long after death. For example, it is not unheard of to get a LinkedIn notice five years after a person’s death about the person’s work anniversary. With this new statute, such messages can be stopped. The ability to appoint another to act on one’s behalf through the appointment of a fiduciary is not a new legal concept, but as we all know, the march of technology and its widespread uses has changed the way we do business. The opportunity to update estate...
Where should I file for divorce? Divorces are handled through the Circuit Court System in Maryland, which is divided into individual counties and Baltimore City. Maryland has twenty- three counties and Baltimore City as jurisdictions for Circuit Court proceedings. As a general matter, a complaint for divorce in Maryland is filed in the jurisdiction where the parties reside. If the spouses live in different jurisdictions, then the initiating party, the plaintiff, may file either in plaintiff’s jurisdiction or in the jurisdiction where responding party, the defendant, either resides or works. Special rules may apply when dealing with children. How long will the divorce take? The time it takes to obtain a final divorce in Maryland, which is referred to as an absolute divorce, depends on the facts and circumstances of the case. In general, if spouses can arrive at an agreement about their marital issues in advance of filing a complaint for absolute divorce, the time it takes for a judge to sign the order for absolute divorce is less than if parties engage in protracted conflict. Maryland courts have put in place a system of organization called differentiated case management. In most jurisdictions (counties and Baltimore City), a trial date in a contested divorce case will be scheduled within one year of the filing date of the complaint for absolute divorce. For uncontested divorces, a hearing on the divorce may typically be scheduled within ninety days of the initial filing date. What can I do to reduce the attorney’s fees? One of the most important actions that you can take to reduce the cost of the attorney in...
In the same way we must pay attention to changes in the law made by the legislature and by the judiciary, for me it is also imperative to keep learning, to refresh my base of knowledge, and to be open to new approaches to help clients resolve their disputes. On March 3rd of this year, I received a Certificate of Completion for Mediator Training through the Maryland State Bar Association. Mediators who accept court appointments must update their training annually. I find that such training also enhances my work as a mediator for all clients, but most especially in the area of divorce and custody. During mediation, parties sit down with an impartial mediator. A trained mediator facilitates discussions between the parties with the goal of having them reach a mutually acceptable agreement. This form of dispute resolution enables parties to avoid having solutions imposed on them by the court system through the litigation process. While mediation is not easy, it may provide a quicker result and a less expensive path to resolution than litigation through the courts. At the start of the training, participants were challenged with a series of hypothetical problems to test our understanding of the Maryland Standard of Conduct for Mediators. Some of the subtle differences between legal information – which may be appropriate for the mediator to discuss – and legal advice- which is never appropriate for the mediator to disclose – were addressed. At the end of the training, I felt that my time was well spent. Not only did training provide time for reflection, but it affirmed my philosophy that mediation and...
The end of the 2016 session of the Maryland General Assembly is rapidly approaching. Spring is in the air and because of the “blizzard of bills” that has been introduced, bills are now receiving either unfavorable votes in committee or winding their way through the labyrinth of procedural steps in the General Assembly. This year, there has been significant and sustained interest in a topic that affects all of us: the balance between the opportunity for a person to start over after making bad choices and the need for the public to access court records freely. All of this interest has been intensified by our collective use of and reliance on the internet as a way to get information quickly and easily. This issue finds expression in some basic questions: To what degree should the public have unfettered access to court records? When, if ever, is it appropriate to permit a person convicted of a criminal offense to ask the court to expunge (in other words to wipe away) the public record of the conviction? Is it important to have a permanent paper record in a court file of cases filed but, at the same time, limit publication of these court cases on the internet? The General Assembly has grappled with these questions in more than a dozen bills dealing with the topic of expungement of court and police records. Proponents who favor expungement argue that criminal records that cannot ever be erased create unreasonable barriers to jobs and housing. Such barriers prevent the successful re-entry of offenders into the community after they have paid their debt to society...
Like many of us after the hustle and bustle of the holiday season, I experience a bit of a let-down. All of the busyness associated with the end of the year fades as we gear up to endure the long darkness and cold temperatures of the winter months. As I write this brief note, I am sitting at my desk and feeling both uncomfortable and at peace. I am uncomfortable because after the huge storm we encountered throughout the East Coast and clean up that followed, my telephone, television, and internet are out of order. A snow plow inadvertently cut my line. As a result, I feel somewhat isolated. At the same time, I am at peace because I have found a way to remedy this temporary inconvenience to communicate with my clients appropriately (cell phones are truly a blessing) and I am also enjoying a bit of a break from the rapid pace of modern life. While I am generally not a fan of a huge drift of snow that impedes freedom of movement, I do appreciate its value. Snow also functions as a protective blanket to cover the earth to allow it to rest and prepare for a season of growth in the spring. So, too, can we learn from the winter season accept some of the tedium that may precede change. A whirlwind of activity by itself does not necessarily mean productivity. In applying this lesson from nature, it is my hope to reflect thoughtfully instead of reacting immediately to any situation whether it pertains to my life or the concerns of my clients. While occasionally emergencies...
The 2016 session of the Maryland General Assembly began officially in mid-January and is now in full swing. After Assembly’s prompt override of five bills vetoed by the Governor in 2015, we are now expecting a blizzard of new bills. This year, following the completion in 2015 of the freshman year of many new legislators in Annapolis, we are going to see a huge bump in the number of bills that will be introduced in 2016. New legislators, as well as the veterans, wish to make their mark on the Maryland Annotated Code. The deadline for legislators to timely introduce their bills is rapidly approaching. As is true every year, much of the Assembly’s energy will be taken up with considering the Governor’s budget, and this year, our representatives will spend significant time dealing with the Governor’s agenda on taxes – essentially wrangling over which group should receive tax breaks under the Governor’s plan. Some other expected hot topics will deal with reform of the criminal justice system in the aftermath of Freddie Gray’s death in Baltimore last year, end of life decisions, and changes in voting eligibility requirements. Advocates in the domestic violence arena will be seeking change in the definition of stalking. HB 155 and SB 278, bills cross-filed in both the House and Senate, alter the definition of stalking as a course of conduct that includes approaching or pursuing another where the person intends to cause or knows or reasonably should have known that the conduct would cause serious emotional distress. Under current law, the State must prove that the course of conduct is malicious and...
