In Maryland, the court determines the custody arrangement that best suits the minor children’s needs based on a variety of factors; including but not limited to the child’s age, parental character/reputation, and parental fitness. In many cases, if one of the parties has a pending criminal charge against them, it may have a substantial influence on how a judge rules in the child custody matter.

Depending on the pending charges, the court may take into consideration whether or not the alleged crime relates to the custody matter. For example, if your ex is charged with a second-degree assault as a result of physical harm that (s)he inflicted upon you or your minor child, that certainly can factor in the custody matter. Another example would be someone who is charged with a DUI which can indicate to the court that the parent may place the minor children's in harm’s way. On the other hand, if your ex is charged with an unrelated crime like theft, the court may not consider it at all. As a general rule, if it is possible to show that the arrest negatively affects one’s ability to adequately care for the minor child(ren), then the court will certainly give it weight.

The court system may take weeks, if not months, for the parties to get into court. It is imperative that you seek the advice of an experienced attorney to explain to you any ramifications, if any, that your pending criminal charges may have on your custody case. If you have any questions, please call us at (443) 741-2567 and we would be happy to answer all of your questions.

It is undeniable that going through a divorce is stressful. It is a lifechanging event that can bring on so many different emotions all while dealing getting through the court process itself. I always tell my clients the following helpful tips to help them manage their stress levels while going through the divorce process.

1. Maintain a consistent routine. It is easy to feel like you don’t want to get out of bed and not do anything. The weight of negative emotions and stress can overwhelm your spirt and lead you to get off what your normal routine was while you were married. It is important to stay on routine as much as possible. Whether it’s getting your children ready to go off to school, going to your job, and coming home to cook dinner… whatever your daily routine was it is imperative that you stay active and consistent.

2. Exercise! Staying active can help you relieve your anger, anxiety, and negative emotions. It reduces the body’s stress hormones and studies show that exercise treats clinical depression.

3. Have your support system in place. It is imperative that you talk to your family, friends, or counselors to help you get through this process. They are there to listen and want to help you. Many people feel alone in this process or feel like they don’t want to be a bother to others. Your support system is there to help you and they actually want to be a resource to you.

4. Do not make decisions while your angry. Try not to make haste decisions out of emotions. It is ok to take your time and sleep on it and come back to it when you’re ready.

5. Make time to socialize and have fun! Everyone needs a break and it is ok to go out and have fun. You are entering a new chapter of your life and you are in control of it.

These are just a few helpful tips and certainly everyone has their own way of coping through the divorce process. It is ok to allow yourself to feel the emotions but also be sure to avoid destructive behavior like drinking or self-medicating. Taking the proper time to reflect and heal will allow you to move on in a healthy way much quicker.

In a child custody matter, a parenting plan is a tool that the court uses to help the parties reach an agreement on child custody issues. A parenting plan assists the parties make decisions that are in the best interest of their child(ren). The Maryland Courts have developed a Maryland Parenting Plan Tool that is available on the Maryland Courts website. The parties can with or without an attorney develop a parenting plan that works best for their family. They can also hire a mediator to help them develop a parenting plan.

A parenting plan will cover issues like setting forth the physical custody schedule, who shall have decision-making authority (“legal authority”), set forth a holiday schedule, and may even address issues like child care. Once the parties agree on a parenting plan, they would submit it for review to the court. The court will then review the agreement and then incorporate into a court order if approved. The terms of the parenting plan will then be enforceable. If the parties cannot agree, they must file a Joint Statement of the Parties Concerning Decision-Making Authority and Parenting Time which will identify areas of agreement and disagreement. Before you submit a final parenting plan, it is always recommended that you review it with an attorney before it is submitted to the court for approval because once it’s enforceable, it is more difficult to modify it later. If you have any questions regarding parenting plans, please call us at (443) 741-2567 and we would be happy to help.