See below for hours and more information. Court Clerk: Monday through Friday from a. Telephone help is available through the Maryland Courts Self-Help Center at from a. You may also live chat with an attorney online during telephone hours. See the Self-Help Center website for current information. Physical custody involves spending time with the child and making decisions about the child's everyday needs, including where the child lives.
Physical custody can sometimes be referred to as "parenting time. Sole Custody - A person may be granted sole legal custody, sole physical custody, or both. Split Custody of 2 or more children - Split custody means that one parent has sole custody of some of the children, and the other parent has sole custody of the remaining children. Split custody is easiest to describe in a situation where there are two children, and each parent obtains full physical custody over one child.
Some of the factors that may point to this result are ages of the children and their wishes. Generally, the courts do not favor split custody. Temporary Custody - Temporary custody is also called pendente lite , meaning "pending the litigation". To formalize custody before you begin litigation, you will need to file for temporary court ordered custody.
Temporary custody will be based on the "best interests" of the child standard. It is not an "initial" award of custody. Instead it is temporary custody while you wait for the court to hold a hearing.
To be awarded temporary custody you must file a request for hearing and an Order for Temporary Custody and Support along with your Complaint for Custody or Divorce.
Jurisdiction is like an imaginary fence that divides legal cases into 2 categories. On one side of the fence are the cases that a certain court can decide.
On the other side of the fence are the cases that the court is not allowed to hear. Usually "jurisdiction" is the reason one court must allow another court to hear the case.
There are two types of jurisdiction: personal jurisdiction and subject matter jurisdiction. The court must have both types of jurisdiction to hear a case. Personal jurisdiction, the power to require a person to appear in court, is discussed in the Service of Process section of this web site.
In Maryland, subject matter jurisdiction to hear custody and visitation cases is with the Circuit Courts. If you have a custody case in Maryland, the Circuit Court is where the case will be filed and heard by a judge or magistrate.
Regardless of any agreement you may have reached, the courts will look to determine the "best interests" of the child.
They look at several factors. No single factor is most important. This is a list of some, but not all, of the factors, that courts will consider. Read the law: Taylor v. Taylor , Md. Rule The best interests of the child also come up in the context of parenting plans. A parenting plan is a written agreement about how the parents will work together to take care of the child. Learn more about parenting plans. Parents can agree on some combination of shared physical and joint legal custody.
One example of this is when there is one residence for the child, and the parents live with the child there on a rotating basis. The court looks very closely at Joint Custody agreements. The most important factor to Joint Legal Custody and Shared Physical Custody is the ability of the parents to talk about and reach joint decisions that affect the child's welfare. If parents are constantly fighting over religion or school, the court may strike down their agreement.
Additionally, the sincerity of the parties involved is important. The court will want to make sure that joint custody isn't being traded for concessions on other points. Another consideration is whether the grant of joint custody will affect any state or federal assistance programs. Be sure to check with your contact at any social service agencies before entering into an agreement or you may risk losing your benefits. This list is not meant to be complete, and the court will hear anything that they believe to be relevant.
If you and the other parent have already come to a fair agreement on the custody and visitation issue, you may want to write your own stipulation and consent order. A stipulation is a statement describing the agreement that you have reached. A consent order is a draft for the judge to sign if the judge agrees to accept your agreement. You may not provide copies yourself; someone must do it on your behalf.
Do NOT overlook this important step. Watch a video on service of process. You may also file a Counter-Complaint for Custody CC-DR with your Answer if the custody order you want is significantly different than what the other party has requested. Mail to the other party copies of everything you file with the court.
If you live in Maryland, you have 30 days to respond. If you live in another state, you have 60 days. If you live outside the U. The person who filed the initial Complaint may ask for a finding of default. If the court is convinced that service of process was proper, it will issue an Order of Default. When seeking this type of order, the child or children must be present within the state for the court to authorize the emergency custody order change. Prior to issuing the emergency custody order, the court will conduct a full and formal hearing, during which all parties will have a chance to be heard.
When filing for a petition requesting for this type of order, it is important that you provide specific examples of the abuse or threats of abuse. This can include:. Supporting documents and records are crucial to your case. Remember, you must have an open case before you file for an emergency hearing.
If you believe your child is in immediate danger, it is critical that you act immediately to obtain an emergency custody order.
0コメント