It is becoming more common for couples to exhibit all of the usual symptoms of a marriage without actually getting married. The causes behind this cultural shift are likely as complicated as the legal ramifications that transpire.  According to the US 2010 Census data, over 7.5 million unmarried couples live together.  Other trends demonstrate that unmarried couples are now more frequently sharing finances, making joint purchases, and starting families. Some couples even go as far as having a wedding reception and wearing wedding rings, but never sign any legal documents.

This issue begs a number of legal questions. Unmarried couples are exposed to a variety of uncertainties typically addressed by traditional marriage. These uncertainties include how to recognize divided or shared property and finances, discretion of care in cases of emergency and other decision making responsibilities between spouses. Additionally, it also leaves a mess of questions to be answered should the couple break up.

A couple that isn’t legally married will not receive any of the benefits that come with marriage, such as various tax breaks and other privileges.  However, there are still several ways an unmarried couple can protect themselves financially and legally.

Legally recognized spouses are usually automatic beneficiaries in estate plans.  An unmarried couple may want to write a will that ensures that their partner will receive property when the other dies. Otherwise, assets may be inherited by closer family members without that being the actual intention of the deceased.

Unmarried couples can consider creating a “living together contract” that outlines property division to avoid court battles in the event of a break up.  A living together contract should include the property or finances that one party had before the relationship began, and those bought, inherited or received during the relationship.  Living together contracts often include a method for resolving disagreements, such as mediation or collaborative law.

In Maryland, a child born during wedlock is presumed to be a legitimate child.  Unmarried couples should consider signing a paternity statement to protect a father’s rights in the event of a break up.

Unlike a marriage, unmarried couples are not responsible for each other’s debt and often enjoy a certain degree of financial independence.  However, this financial independence disappears when unmarried couples sign joint purchase agreements, cosign on a loan, or a partner’s debt is charged to a joint bank account. It is important for these couples to decide how to deal with debt.

Unmarried couples with no intention of marrying might find it helpful to seek the advice of a family law attorney who can help them draft contracts, paternity statements, or create an estate plan to ensure that each partner is treated fairly.

In the State of Maryland, Teenagers can obtain their drivers permit when they are 15 year and 9 months old.  They can then obtain their full provisional license when they are 16.5 having completed a driver’s education course and their parents’ have verified they have driven 60 hours on the roads in varying weather and light conditions.

As much as parents dream of the day their teenager begins driving, they also dread it. And for a good reason; not only do teenagers have the highest average number of motor vehicle accidents than any other demographic, but car accidents are the leading cause of death among America’s teenagers. On a lighter note, parents also dread the potential doubling of their car insurance rates as they add their sons or daughters to their insurance policies.

Teenage Driving Statistics:

The National Highway Traffic Safety Administration (NHTSA) found that 19 percent of drivers below the age of 20 who were involved in fatal car accidents were distracted by their cell phone.  A recent AllState Foundation survey shows other important teenage driving statistics:

• 56% use their cell phones while driving
• 55% exceed the speed limit by more than 10 mph
• 26% exceed the speed limit by more than 20 mph
• 44% drive more safely without friends in the car
• 40% of teen auto deaths occur between the hours of 9pm and 6am

These teenage driving statistics form the basis for many Maryland teenage driving laws. For example, Maryland law prevents a novice driver in the intermediate stage from driving between midnight and 6am.  Maryland law also restricts the number of teenage passengers in a teen motorist’s car.  Beginning drivers can only drive their own siblings in the vehicle and cannot drive other teens in the vehicle until they are 17 or 18 depending on whether they took a driver’s education course. Maryland teenage driving laws are designed to help teenage drivers ease into safe, full-time drivers.

However, the Maryland teenage driving laws are not enough.  Parents need to lead by example and be more involved in teaching their teenagers good driving habits.

The NHTSA is asking parents to monitor the number of teen passengers in the car, encourage seat belt use and establish a parent-child driving agreement that clearly outlines his responsibilities and obligations as a motorist.  Parents of teenage drivers need to learn about the graduated driver licensing laws in their state.  “Rookie Driver” is Maryland’s Graduated Driver Licensing System.

Encourage your teenager to buckle up each and every time he drives, and lay down strict rules about cell phone use while driving.  Even though Maryland is a hands-free state in regards to cell phone use, learners permit holders and drivers under the age of 18 cannot use any form of wireless communication devices even if they are hands-free.  The only exception is if they need to make an emergency call.  We parents need to lead by example and leave our phones off or in the back seat and not give in to the temptation to answer the call or text while in the vehicle.

Lastly, parents are encouraged to have frank conversations about driving under the influence of drugs or alcohol.  It is prohibited for an underage motorist to drive with any amount of alcohol in his system.  Avoidance of such practices is an important, potentially life-saving subject that parents must broach with their teenage driver.

There are many scenarios which lead people to consider adopting.  The increasing population problem of the world has left millions of children in need of homes.  If you are unable to conceive, you may consider child adoption as an alternative to artificial insemination.  Often couples adopt because they cannot become pregnant either due to an surgical operation such as a vasectomy or tubal ligation.  For others pregnancy safety, health concerns or age are deciding factors in child adoption.

At Maslan, Maslan & Rothwell we specialize in Relative and Step-parent Adoptions. Relative adoptions are when a child’s extended family members such as aunt, uncles, or grandparents adopt their niece, nephew, or grandchild. A step-parent adoption is just that; when a step-parent chooses to adopt their spouse’s child. Step-parent and relative adoptions require the birth parents to relinquish their parenting rights.  An experienced adoption lawyer can help the birth parents prepare termination of parental rights forms and help the adoptive parents prepare adoption agreements.

There are many types of circumstances that might lead a family to pursue a step-parent adoption. Typically step-parent adoptions take place after a divorce in order for the child’s step-parent to assume parental responsibilities. This is especially so if the non-custodial parent is out of the picture; the custodial parent’s spouse may want to pursue adoption.  In some cases, same-sex couples can use this type of adoption as well.

Step-parent adoptions in Maryland are generally much easier to obtain compared to other types of adoptions. Step-parent adoptions do not require waiting periods, home studies or adoption hearings.  To speed up the adoption process, the court usually waives these requirements because the two parties are related.

Consent to Adopt

Obtaining consent from the birth parents is typically the only difficult aspect of step-parent adoptions.  This is because both birth parents must be willing to forego their legal parenting rights and responsibilities.

In some instances the consent of the child is needed.  If the child to be adopted is at least 10 years old then the Maryland Courts will often require the child’s signature for the adoption to take place.  (See article Old Enough to Choose) The Maryland court will always look at the best interest of the child; if both the biological parents consent to the adoption and their child does not, the court can still rule in favor of the adoption.

It’s not hard to obtain consent when the birth parents understand that the adoption is in the child’s best interest.

But sometimes the biological parents can refuse to consent.  It could be because they may not want to terminate their parental rights. For some families, the other parent may be completely out of the picture and unable to locate, which occasionally happens after a divorce in Maryland.

Termination of Parental Rights

Every type of adoption, including step-parent adoptions, requires the termination of parental rights from both the birth parents.  Terminating their parental rights can happen voluntarily or involuntarily.

When birth parents refuse to consent to the adoption, it is still possible for the court to grant the adoption.  An adoption lawyer can build a case around the birth parent’s abandonment or that the biological parent does not meet the legal definition of a presumed father/mother.

If it can be proved that the birth parents’ are guilty of abandonment and are unfit to raise the child  their parental rights can be terminated by the court after which their consent is not needed in the adoption.

For these reasons, it is critically important to work with attorneys who are experienced in the adoption process and who understand what makes for a successful adoption.  At Maslan, Maslan & Rothwell we have decades of experience in step-parenting adoption. We will work with you to build a solid case and demonstrate to the courts that your adoption request is in the child’s best interests.

The Maryland Court System does not have a preference for any specific parent or gender when making a determination on child custody. The Maryland Courts focus on the “best interests of the child standard” when making visitation and custody decisions.

The court takes into consideration many factors when determining custody and visitation arrangements such as the parents’ capacity to provide for the child, the living arrangements at the parent’s home and the parent’s ability to support the child.  The Maryland court will look at past instances of abuse or domestic violence in visitation and custody cases.  In some instances even grandparents and the children themselves can petition for visitation rights (See Post: Old Enough to Choose).

Creating a child visitation schedule can be hard to do during a time when emotions are high, especially during a divorce.  You don’t have to work with the other parent on coming up with a visitation schedule but it is in your child’s best interest to do so. Only the parents know the intricacies of their own schedules and an in-depth knowledge of their children’s needs.  It is best for the parents to make a determination without the courts when making a visitation schedule. Otherwise a judge (a complete stranger) will make these important decisions for the parents.

Setting aside your differences to create an effective visitation schedule is something that most parents do for the sake of their children. However, if you are unable to reconcile differences a court officer or mediator will make the decision for you based on the best interest of the child.  When making a visitation schedule try to think about all of the aspects of your child’s life from daily activities to special circumstances. If you make a schedule so that your child’s needs are met, then you will have a schedule that benefits your situation.

Even though Maryland doesn’t have a standard visitation schedule some counties have guidelines which can help you make a decision.  A common visitation schedule provides that the non-custodial parent who lives less than an hour away from the custodial parent can have the children every other weekend from 7 pm on Friday to 7 pm on Sunday.  Usually a visitation schedule will grant the non-custodial parent one evening during the week with the child as well. The residential visitation schedule should closely resemble the type of custody the parents have. The courts look at the current schedule of the parties to maintain the status quo.

In addition to the normal weekly visitation schedule parents should also consider holiday schedules and vacation schedules.

A holiday visitation schedule should include provisions for your child time to spend time with each of you on holidays and other special days. Many parents rotate the holidays, alternating them every year.  But for parents whose professions are in healthcare or retail, rotating holidays isn’t always an option as many of these parents often have to work on holidays or have limited time off during holidays.   Always create the holiday visitation schedule as you see fit, allow for exceptions and be flexible.

Remember other holidays and special days like Mother’s Day, Father’s Day, birthdays, three day weekends such as Memorial and Labor Day, Fourth of July and any other special days you would like. Be sure to specify the times that the holiday visitation begins and ends in the schedule. The holiday schedule replaces the regular visitation schedule.

A visitation schedule should also permit your child to have extended time with each of you during school breaks and the parents’ personal vacation times. The vacation schedule can be less date specific, since the exact dates of personal vacation time may vary.  A work-at-home mom or a father who is a school teacher may have more flexibility in summer vacations than a parent who works in an office.  Visitation schedules can include instructions for out of state travel and guidelines for giving advanced notice to each parent about vacation times.

Lastly, you may want to create some rules that help you follow the visitation schedule.  For example how you’ll exchange the child for visitation, how you’ll make changes to the schedule, or how you’ll handle emergency events.  Basically, you just need to make sure that your custody schedule is in the best interest of the child. It is always best to work with an experienced divorce/family law attorney who can help you understand how custody, visitation, child support and other child related laws apply during your divorce.  With decades of experience in divorce law Maslan, Maslan & Rothwell can help you personalize a visitation schedule that works best for your situation.

Traffic Congestion increases during the holidays especially around shopping malls and in neighborhoods from the increase in travelers, students home from school and from shoppers.  People tend to exercise poor judgement when rushing to family events, holiday parties and shoppers trying to make last minute trips to purchase gifts or to return gifts during after Christmas sales.

Weather conditions worsen in winter causing an increase in auto-accident-related injuries. When public schools are cancelled children are more likely to be out sledding in the streets making them susceptible to being hit by a car sliding on ice or compacted snow.

Navigating unfamiliar roads and driving late at night makes holiday travelers more susceptible to drowsiness and falling asleep behind the wheel.

Drinking and driving is a bad idea made worse during a time when roads are icy and more congested.  Nonetheless families will gather around the table for a holiday feast which is no doubt accompanied by a variety of alcoholic beverages.

Stay safe this holiday season by following these simple tips to help keep you, your family and others safe during the holidays.

• Allow yourself plenty of time to get to where you are going and don’t rush.
• For long driving trips, plan for a 15 rest stop every two hours and drive during daylight hours to avoid becoming drowsy.
• Avoid bad weather conditions. Never try to brave through a snowstorm.  If you are caught in one during a long driving trip, stop and stay at a hotel and wait for the roads to be cleared.
• Avoid peak rush hour times especially during the weekend when people are out shopping.
• Take public transportation if the roads are congested.
• Drink responsibly.  Have a designated driver, call a cab or plan on staying over at a friends.

A personal injury, a DUI or DWI this holiday season can keep you away from your family, friends and job.  You don’t want to spend the holidays in jail or in a hospital bed fighting an insurance company for personal injury compensation.

Happy Holidays from Maslan, Maslan & Rothwell!

Now the remaining parent must continue to pay the household expenses, meet their monthly budget and support the child/children on only one income. This is exacerbated when the remaining parent is unemployed or is unable to properly support themselves and the child/children on their one income.

Supporting and caring for your children takes on many forms. Basic child support covers providing food, shelter and clothing for the child/children. Then there are other issues such as health insurance, medical bills, co-pays, day care, after school care, summer camp, private vs. public schools, after school programs and/or activities and college. Deciding who pays for all of these items can be daunting and a great challenge. Child support is very important and seeking child support against the other parent can help resolve some of these issues. But child support can be a major point of legal discontent and lead to many disagreements.

Just like child custody, the amount of child support that the parents pay to each other must be determined by the courts, if the parties are unable to amicably resolve child support issues themselves.  This can be a long process, taking months to have a hearing, involving courts and the legal system to get the other parent served with court papers.

The State of Maryland has adopted Child Support Guidelines and each county or jurisdiction in the state has the power to enforce the payments of child support. Child support is based upon the monthly gross income of each parent. Child support is then determined by child support guidelines for the state of Maryland. There arise many issues about documentation of income, which is an important factor in determining the gross monthly income of parents. Obviously, a salaried employee that receives a regular paycheck and W-2 each year can easily determine their income. The real problems occur with independent contractors that don’t have regular income or may be able to manipulate how much they actually earn.

Child Support is also determined by the child custody of the parties. The more time the children are with the custodial parent, the parent where the children primarily reside, the more child support should be awarded to that parent under the guidelines. The non custodial parent, the parent with visitation rights, can enter into agreements with the custodial parent to satisfy the child support obligation in other ways.

Child support terms can be very flexible. The non-custodial parent can keep the children on his or her life insurance policy, cover health care costs, purchase plane tickets during the children’s visitation and even cover day care costs. Although most of the time child support obligation ends when the child turns 18, if they are still enrolled in high school it is possible for the court to order the continuance of child support payments until after graduation.

The court usually tries to preserve the child’s lifestyle.  As a result, child support orders often outline which parent is responsible for day-to-day expenses in a child’s life which can include music lessons, transportation needs or private school expenses.  Maryland courts can even order the non-custodial parent to pay for college expenses as a form of child support if it was agreed upon by both parents and incorporated into the court order.

An experienced lawyer can help you navigate through the Maryland legal system to determine your rights as to custody, visitation and child support. At Maslan, Maslan & Rothwell, P.A. we have over 40 years of experience handling family law issues which include making determinations for custody, visitation and child support. Call for an appointment today.

In addition to the emotional and physical scars, domestic violence victims are manipulated to believe that they cannot escape their situation.  Without feeling empowered or in control of their own lives, victims of domestic violence are afraid to leave their abusers.  Many laws have been put in place to make it easier for victims of domestic violence to leave their abusers.

There are three types of Domestic Violence Protective Orders (DVPOs); interim, temporary and final. You can file for a DVPO in any district or circuit court in Maryland.  If the clerk’s office is open, you would file with the clerk.  If the clerk’s office is closed, you would file an Interim DVPO with a District Court commissioner.

Under a DVPO the defendant cannot abuse, threaten, contact, or harass anyone in the order, which may include the victim or the victim’s children, family, or friends.  They have to stay away from your children, your workplace or wherever you are staying.  Any DVPO can order the abuser to moveout of the home and can grant you use and possession of the family home under certain conditions, can give you temporary possession of any pet, and give you temporary custody of your children (if the child was there when the abuse happened and if child abuse is suspected as well).  A temporary order the defendant has to surrender any firearms.   A final order can do even more – set up visitation with the children’s best interest in mind, order the abuser to pay for child support and emergency maintenance, use and possession of family vehicle, both you and abuser go to domestic violence counseling, and order the abuser to pay for court costs.  A judge can order any or all of these depending on the facts of your case.

In addition to DVPOs this year the Maryland General Assembly passed two new protection laws to victims of domestic violence that become effective October 1, 2012.

First, victims who are forced to quit their jobs to escape the threat of domestic violence will be eligible for unemployment insurance benefits which are normally only available to terminated employees.  It takes away the hurdle of losing their means of supporting themselves in the short term.

The second law requires judges to report whether or not defendants are found to have had a “domestically-related relationship” with their victims. If they have, a notation will be added to their criminal record that indicates they have committed a domestic violence-related crime. That will be used by law enforcement to monitor domestic violence offenders.

It’s up to judges to determine the extent of the relationship and mark it in criminal records at the time of sentencing, allowing other law enforcement to access information to quickly distinguish whether a crime is domestic violence-related.

But prenuptial agreements do not have to be romance killers.  Couples who are pragmatic about finances tend to have the most long lasting marriages!  Unfortunately, the harsh reality is that over half of marriages end in divorce.  Divorce can be stressful, exhausting and expensive.  A prenuptial agreement is a legal agreement that defines the nature and scope of each spouse’s assets, anticipated assets and marital property in the case of a divorce.  A prenuptial agreement can make the division of marital property much smoother during divorce proceedings.

A prenuptial agreement has the reputation of being utilized by very wealthy men with trophy housewives.  That reputation is changing.  We live in a world where men are stay-at-home dads, women are corporate executives, divorces and second marriages are common, same sex marriage is legal and people are entering into marriages with monumental student loan debt.  Nowadays modern marriages are just as much about a romantic union as they are a financial union.  Prenuptial agreements help ensure the financial well-being of a modern marriage as well as make divorce less stressful.

Prenuptial agreements define the division of marital property in the case of a divorce.  Marital property can be tangible and intangible assets as well as debts.

• If your spouse pursues secondary education and acquires debt, a prenuptial agreement can define that debt as individual debt.
• If you plan on giving up your career to be a stay-at-home mom or dad, then a prenuptial agreement can compensate you for sacrificing years of work experience.
• If during the marriage you have started your own business and it has become very profitable, a prenuptial agreement can limit a former spouse’s financial interest or control of the business.
• If you have children from a first marriage, a prenuptial agreement can help protect their inheritance rights.

One of their main drawbacks is that you cannot predict the future.  Circumstances may change and what seemed like a fair division of marital property when the prenuptial agreement was signed could turn out to be a huge burden.  Another disadvantage to prenuptial agreements is that they are usually created during an engagement.   At this time it is hard for couples to imagine the marriage ever ending. This often results in one or both partners being very lenient in the prenuptial agreement terms and not looking after their best interest.

Because this was a constitutional amendment it had to show a majority vote both statewide and in each respective county.  Previously the Maryland Constitution does not require Orphans’ Court Judges to be lawyers.

But what is an Orphans’ Court?

The Maryland Orphans’ Court has existed since the beginning of our nation, yet it remains a mystery to most people.  This is likely due to the name “Orphans’ Court”.  Most people’s image of an orphan is a homeless, parentless child living in an orphanage.  The Orphans’ Court is a probate court which supervises the judicial distribution of wills and estates.  The Orphans’ Court also makes decisions regarding guardianships of minors and their property.

When a person who dies owns probate assets; in other words assets that do not pass on to an heir such as joint property or a trust, then an estate must be opened.  The estate may consist of cars, boats, jewelry, heirlooms, bank accounts, stocks and bonds, businesses, investments or real estate.

There are three Orphans’ Court Judges in Baltimore City and three in each county except for Harford and Montgomery counties where a circuit court judge sits as the Orphans’ Court.  Before this election, the only two requirements to be considered for election as an Orphans’ Court Judge were to be Maryland citizens and a resident of their jurisdiction for at least one year before their election.

Baltimore City is the exception in that they have already made this amendment.  Baltimore City’s Orphans’ Court was one of the busiest in the state.  In 2010, the voters of Maryland and Baltimore City adopted a constitutional amendment to require Orphans’ Court Judges in Baltimore City to also be admitted to practice law in this State and be members in good standing of the Maryland Bar. This amendment only applied to the three Orphans’ Court Judges in Baltimore City.

Although it seems logical to have a non-lawyer oversee family probate disputes, by enacting this new requirement the Orphans’ Court is more effective and efficient.  Most of the time Orphans’ Court judges handle routine matters of asset distribution, but when there is a family dispute that is taken to court it is important that the Orphans’ Court judge be well versed in the law when large assets and estates are at stake.  It is a good policy for these judges to have a law degree to handle complex legalities just as the advocates that present the cases before them.

After all, just as you would want someone with a M.D. after their name performing surgery, you should want someone with a J.D. after their name deciding your family’s assets and estates.