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Tag Archives: child custody

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What do you mean they’re not in contempt?

By Weinberg & Schwartz, L.L.C. |

The best kind of custodial order is the kind people abide by and the Court takes non-compliance with a court order very seriously. However, in 2021, Breona C. v. Rodney D. put parameters in place that tend to limit the Court’s ability to address contempt. What is contempt? According to Maryland Rule 15-202, constructive… Read More »

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Summer Fun

By Weinberg & Schwartz, L.L.C. |

SUMMER FUN School is out and it is time for summer fun and family memories! Ideas for local trips in the DC/Maryland area: McHenry is just a quick carried into the Baltimore area for a fun day reliving history. The fort was used to protect the United States during the Battle of Baltimore on… Read More »

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Third-Party Custody: Who Qualifies as a De Facto Parent?

By Weinberg & Schwartz, L.L.C. |

Parents have a constitutional right to parent their children under the due process clause of the Fourteenth Amendment. Under very limited circumstances, the court can award custody to a third party (a non-biological or non-adoptive parent), even over the objection the parents. Maryland Courts have developed three “avenues” that a third-party can take to… Read More »

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Is “NESTING” the right solution for your family?

By Weinberg & Schwartz, L.L.C. |

Consider the following 4 factors in making this very important determination. What is Nesting:  Nesting is a transitional living arrangement used by families going through separation and/or divorce wherein the children remain in the family home and the parents transition in and out of the family home in accordance with a predetermined schedule.  During… Read More »

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Steps in a Contested Divorce/Custody Case in Maryland

By Weinberg & Schwartz, L.L.C. |

One of the questions I get asked most in a divorce or custody consult is what is the court “process” like if their cases is contested. Generally, potential clients are surprised to learn how long a contested case could take and how much happens before they actually “get their day in court.” First, it… Read More »

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Back to School . . . . But Where?

By Weinberg & Schwartz, L.L.C. |

Let’s say you were fortunate enough to resolve the custody and access of your young child following a divorce.  Perhaps, like many couples, you agreed to an equally shared physical custody and decided to have joint legal custody.  You and your ex have been getting along great and co-parenting together.  You only live a… Read More »

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Helpful New Year’s Resolutions – Family Law Litigation Edition

By Weinberg & Schwartz, L.L.C. |

The beginning of each year is a great time to reflect on the past year and to look forward to the upcoming year, setting goals and starting (or resuming) new productive habits. There are lots of places to look to for help in setting helpful new year’s resolutions, but if you are involved in… Read More »

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Rebuttable Presumption in Favor of Shared Custody?

By Weinberg & Schwartz, L.L.C. |

Maryland Leglislation Proposes a Barrier to “Best Interest of the Child” Standard  When parents are divorcing, or separating, or cannot agree on a custody schedule, they turn to the Courts to make a decision. So what does the Court do? In Maryland, the Court will hear all the evidence presented regarding what each parent… Read More »

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Back to School Tips

By Weinberg & Schwartz, L.L.C. |

It’s now time for back to school and everybody wonders how can I get through the school year with the least possible disruption and the smoothest transition so that the children will have a healthy and organized year? Some pointers include the following: Make sure you fill out all those stacks of school forms… Read More »

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Best Practices for Post-Separation Travel with Children

By Weinberg & Schwartz, L.L.C. |

Spring and summer breaks are upon us. It’s starting to feel more like a normal post-Covid world. You have two year-old travel vouchers waiting to be used. So naturally, it’s finally time to take a real vacation with the kids! But perhaps in these last couple of years you and your children’s other parent… Read More »

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