Maryland Family Lawyer Blog

A Maryland separation agreement is a contract and as such is governed by contract laws. It is not advisable to try to be your own attorney by copying some separation agreement off the internet and using it to save money. This mistake can cost you thousands of dollars down the line when your X sues you based on some term in the contract which he/she deems is either unfair or ambiguous and you have to hire a Maryland family law attorney to defend you.

Stuff can happen when interpreting the words in a contract. For example sometimes the wording is sloppy and can be interpreted to mean two different things depending on the situation. Once you have signed this agreement, it is extremely difficult to have it overturned. Often times language in a separation agreement affects future events such as alimony, the right to future pension plans, and the like. How many times have I had people come to me and tell me that they thought they could change their minds later if they wanted to? No. Once you sign a contract you will be held to it and only under certain limited circumstances can it be set aside.

Generally, the only terms, which are subject to change in a separation agreement, are issues regarding children, such as custody, child support and depending on the situation, use and possession of the family home. Once you have signed away your interest in the family home, pension plans and alimony, because your spouse talked you into it assuring you that you could always change your mind, it is nearly impossible to have that agreement set aside, though there may be situations where it can be.

An experienced Maryland family law attorney can help you draft a separation agreement which will withstand a future challenge and will ensure that you receive everything you are entitled to under the law, including future benefits as well.

I want the most nasty, mean and underhanded lawyer I can find to punish my X/boyfriend/girlfriend/wife/husband and make his/her life as miserable as possible. I will show her/him who is boss!

Have you ever experienced similar thoughts? Or has anyone told you that this is what you need to do to get the best result in your custody battle? The nastier the better. This is not necessarily true. A good quality Maryland family law custody attorney is someone who will go through your ordeal together with you from start to finish using a combination of litigation, negotiation, and settlement in the spirit of honesty and professional responsibility always following the dictum of the legal standard of what would be in the child's best interest. This is a winning combination and one that is more likely to last the test of time. Those who go away feeling abused and cheated out of their rights through legal harassment and/or intimidation may just be plotting their revenge, waiting for the first opportunity to file a petition for contempt or modification as soon as the occasion presents itself, and the sooner the better.

Maryland Custody Lawyer Katharine A. Linzer, believes that when it comes to custody arrangements, the nastier the better is poor advice. This kind of behavior only breeds more trouble down the line. If your attorney is counseling you in this direction, he/she is probably more interested in lining his/her pocket than being an honest broker in solving your Maryland custody matter. In representing her clients, Maryland Custody Lawyer Katharine Linzer focuses on honestly and zealously representing what is in the best interest of the child. Please note this particular blog entry does not pertain to those cases involving domestic violence which require special considerations not mentioned here.

The whole purpose behind state and federal rules and regulations regarding a manifestation meeting is to ensure your child is not excluded from school for behaviors associated with his/her disability.

A manifestation meeting is a meeting between the school and the parent, child and whoever else the parent would like to invite to determine whether or not the child may be removed from school for a long period for some kind of alleged misconduct on the part of the child.

For example, Johnny, who is in tenth grade, is suspended for stealing a cell phone from another student. Johnny has ADHD, a learning disorder and various other issues, which the school has determined are disabilities, which affect his educational performance. Earlier in the year he was suspended for stealing money from another student's locker. The school now wants to remove Johnny to an alternative placement and calls for a manifestation meeting. For the first meeting, mom did not have an attorney, but when it happened a second time and the school was recommending Johnny to be removed to an alternative placement, mom hired a Maryland special education attorney to attend the manifestation meeting. The school determined that Johnny's behavior, which triggered this particular incident, was a manifestation of his disability and the school was not able to remove him to an alternative placement. The school then developed a special education plan to address Johnny's individual needs to ensure he is being properly educated and to prevent any future misconduct from occurring.

Therefore, the quality of the manifestation determination is crucial to ensuring that the underlying principle behind the manifestation is promoted, that being to ensure your child's problematic conduct is remediated, not simply punished. A Maryland special education attorney can provide this crucial assistance in protecting your child from unwarranted exclusion from school for behaviors, which are expressions of his/her disability.

Maryland Special Education Attorney Katharine Linzer has been working pro bono in conjunction with Pennsylvania Special Education Attorney David G.C. Arnold in Doe v. Baltimore City Public Schools to secure the rights of privately enrolled children to special educational services under Section 504 of the Rehabilitation Act of 1973.

Attorney David G.C. Arnold, Esquire, has been admitted Pro Hac Vice by Attorney Katharine Linzer to provide representation for Student and Parents Doe in this case and to advocate for Student Doe's access to free public special educational services from the local school district. Attorney David G.C. Arnold litigated a similar case in Pennsylvania, Lower Merion v. Doe, in which the local school district was ordered to provide occupational therapy services for Student Doe, through the local public school.

For the past three years, Doe v. Baltimore City Public Schools has made its way through the child find process, mediation through the Office of Administrative Hearings, a due process on an independent educational evaluation through the Office of Administrative Hearings, and just recently oral arguments on the issue of whether or not privately enrolled children have a right to access aids and services from the local public school for which they would be eligible.

We will keep you posted on the ruling, which should be coming out within the next month. The issue is of whether or not privately enrolled children have a right to special educational services from the local public school while they are enrolled in their private school is the subject of a recent Maryland Bar Journal article written by Katharine Linzer, Esquire.

Starting July 1, 2010, barring documented extenuating circumstances, appropriate public school personnel in Maryland will be required to provide parents with crucial documents it plans to discuss at educational meetings at least five days ahead of time.

Documents which the school's team will be required to be provided are assessments, reports, data charts, draft IEPs, or other such documents the team plans to discuss at the meeting. Assessments, reports, data charts, or other documents prepared by a school psychologist or other medical professional may be provided to the parents of the child orally or in writing prior to the meeting.

Maryland Governor Martin O'Malley approved SB540, this latest addition to Maryland special education law, on May 20, 2010. Make sure your Maryland special education attorney is aware of this important update in the law, which becomes effective July 1, 2010.

Check out the Maryland state government's website to view the full text of the bill at http://mlis.state.md.us/2010rs/chapters_noln/Ch_665_sb0540E.pdf.

Sometimes family dynamics change so that a Maryland custody order first entered is no longer appropriate for the child once he/she gets a little older and enters adolescence. A child decides to refuse to go to the other parent for legitimate reasons. Sometimes when a significant other enters the scene, he/she does not get along with the child and causes significant conflict. Other times one parent's schedule changes significantly so that they are no longer available when the child needs assistance with driving to events. Once a child enters adolescence he/she may want to engage in extra curricular activities such as sports or scholastics which come in direct conflict with one of the parent's schedule. Other times it is a matter of the safety and welfare of the child when it comes to domestic abuse. A child may petition the court for a change in custody arrangement.

Susan is 16 years old. Her parents divorced two years ago and were granted shared custody of Susan. However, recently, Susan's Dad got a new job as a clothing store manager and is required to work most weekends and holidays for long hours when Susan is court ordered to visit with him. Susan would like to spend time with her father, but he is not available. Susan would prefer to live with her mom who is available on the weekends to drive her to soccer games and sleepovers with her friends and to visit with her father on those days when he is not scheduled to work. Susan may petition the court for a change in the original custody order. The court must hold a hearing and if it finds that such a change is in her best interest, it may amend the order and place her in the custody of her mother.

Maryland Family Law Section 9-103 provides:

(a) A child who is 16 years or older and who is subject to a custody order or decree may file a petition to change custody.
(b) A petitioner under this section may file the proceeding in the petitioner's own name and need no proceed by guardian or next of friend.
(c) Notwithstanding any other provision of this article, if a petitioner under this section petitions a court to amend a custody order or decree the court:
(1) shall hold a hearing; and
(2) may amend the order or decree and place the child in the custody of a parent designated by the child.

A Maryland family law attorney can help gather and present the evidence necessary to ensure the child has the greatest success in persuading the court to modify the custody arrangement.

Do you have a Maryland Special Education Success Story you would like to share with others? Many parents who discover their child has a learning difficulty do not know the different types of special educational aids and services that are available and therefore do not even know what they can ask for. However, there are parents who have successfully navigated the public school system with the aid of independent educational evaluations performed by professionals and a Maryland special education attorney. Experienced parents and their attorneys can provide valuable advice and support about research based educational aids and services.

Cindy is in second grade. She has been struggling since kindergarten with her reading fluency. Her handwriting is barely legible, and she sometimes transposes letters and numbers. You have expressed your concerns to her teachers who encourage you to spend more time on her homework. You are frustrated because Cindy does not appear to be mastering the material in school and therefore she is not able to do her homework without you teaching her the material first. You are wondering how long you can keep this up as the material becomes increasingly more difficult. Another parent tells Cindy's parents about the Wilson reading system.

The Wilson Reading Program is a reading program starting in second grade for students who are experiencing difficulties in learning and provides a research based systematic approach to learning to read and write. The program also has a series of tests built in to monitor the student's progress and ensure the student is indeed progressing.

Parents can take this information, consult with educational professionals and a Maryland special education attorney in order to ascertain if this research based system is suitable for their child and how to get the public school to provide it for their child as part of a free appropriate public education.

Do you have a child support order which was entered years ago? Did you know that if there is a 25% increase or decrease in your child support amount, you may petition the court for a modification of your child support order.

Joann was granted a child support order of $400/month in child support for their teenage daughter, Mary. Then six months later, Joann discovered Mary's Dad just got a promotion at work. If the raise would result in a 25% difference in the child support order, Joann may petition the court for a modification of the original order.

Joann may consult with a Maryland Family Law attorney to determine whether or not Mary's Dad's raise would result in a 25% increase in his child support obligation. An experienced Maryland family law attorney can assist Joann in petitioning the court for a modification.

It should be noted that modification of the Maryland order would go into effect from the time of filing, not necessarily from the time of the promotion. It is therefore important that Joann consults with an attorney as soon as possible after she discovers Dad has received the promotion so that she may file as soon as possible thereafter.

Did you know that you can insert a simple guardianship clause into your Maryland Power of Attorney Estate Planning Document which would indicate who it is that YOU would want to serve in this capacity, should it ever become necessary? Did you know that you could ensure who would be making crucial decisions over where you will live and how your money will be spent, should this ever become necessary? Many clients do not realize how easy it is to include a guardianship clause in their Power of Attorney Estate Planning Document and how such a simple act can avoid untold heartache, expense, and family conflict.

Suppose you contract Alzheimer's disease or dementia to the degree that you became unable to manage your affairs? Your dedicated spouse cares for you and fulfills your every need for years. However, he/she suddenly passes away. You both drafted Estate Planning Power of Attorneys along with your wills once the children left the house, but neither of you included a guardianship clause in them, because you just never thought you would need one.

Using the above example, without a Power of Attorney Estate Planning Document indicating whom you would want to serve as a guardian over your person and property, the state of Maryland would be deciding who would be appointed to manage your affairs. While a local Maryland circuit court might choose someone you approve of, it may also chose an institution, or an unrelated party depending on the circumstances. If you have several children and there is a difference of opinion as to who would be the best candidate out of those who are willing to petition for appointment, a good old-fashioned family feud may ensue. After the case is concluded, let's say the survival of the fittest prevailed, in other words the most aggressive child prevailed in getting appointed as your guardian. Your estate is down $30,000 and the individual that was appointed was not at all the one you would have wanted to be making crucial decisions on your behalf!

Those who are seeking to prevent family infighting, preserve assets, and want to ensure that their end of life wishes are honored, should consider meeting with an experienced Maryland Estate Planning attorney and inquire about including a guardianship clause in their Power of Attorney Estate Planning documents. An experienced family law lawyer can ensure that your power of attorney is drafted and executed properly and specifically tailored to your unique circumstances.

Many parties don't know that they can draft their own consent agreement even if they have a scheduling order which specifies mediation, settlement and trial. As a Maryland family law attorney I have met many parties that do not realize that they can draft their own consent agreement. A consent agreement has potential economical and emotional advantages. A consent agreement is a draft agreement between the parties which is submitted to a court for a judge's approval. If approved by the court, the agreement is enforceable in the future, if necessary.

Drafting your own consent agreement is much more economical than litigation and can be much quicker. A draft of the agreement can be submitted to court, be reviewed by a judge, signed and returned in a matter of days or weeks as opposed to months.

An experienced Maryland family law lawyer can help parties draft an agreement which is flexible on the one hand, and yet detailed enough on the other to avoid future conflict. A Maryland lawyer can ensure that the agreement will be legal and likely to be approved by the court. Some cases are not suitable for a consent agreement, such as those involving domestic violence. Be creative, ask your attorney if your case is suitable for a consent agreement.

With the recent increase in over 30,000 troops sent to Afghanistan and the replenishing of troops serving in Iraq, many military parents are wondering how they will be able to ensure frequent and meaningful contact with their children while they are away. As a Maryland family law attorney I have helped draft an enforceable means for parents to keep in contact with their children through virtual visitation.

What is virtual visitation?

Virtual visitation for purposes of this publication is meant to refer to visitation time between parent and child facilitated by technologies such as telephone, email, and Skype internet relay while the parent is deployed abroad on active duty.

For example, dad and mom are separated and going through the process of a divorce. Dad has joined the U.S. army and is deployed to Afghanistan. They have an eight year old child and an existing order granting mom primary custody with dad getting visitation every other weekend. Dad would like a to ensure he gets Skype visitation once a week while he is serving in Afghanistan. Conflict is high. Mom has not been cooperative thus far with holidays and birthdays. Dad fears without an order he cannot guarantee mom will cooperate with virtual visitation while he is away. Both parents have a computer with a web cam and internet hook up.

Six states have responded to our country's changing landscape of mobile families and passed legislation specifically addressing the issues surrounding court ordered virtual visitation. Although Maryland has not yet passed any specific legislation, the court has the discretion to grant an order specifying virtual visitation based on the right of the non-custodial parent to reasonable access to their child. Based on the example, a judge may authorize an order providing for regular Skype visitation during the time of dad's deployment based on dad's right to reasonable access to his child.

How you can protect yourself.

An experienced Maryland family law attorney can help draft an enforceable parenting agreement including all the details necessary to ensure regular and frequent virtual visitation while you are deployed so your child does not go long periods of time without contact with you.