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Divorce Lawyers

Thyden Gross and Callahan LLPCounselors and Attorneys at Law

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Maryland Divorce Legal Crier

News and comments about divorce, child support, child custody, alimony, equitable property distribution, father’s rights, mother’s rights, family law, laws on divorce and other legal information in Maryland.

Archive for the ‘Custody’ Category

Celebrity Divorce News

Tuesday, September 23rd, 2014

If you have been “Keeping Up With the Kardashians” on television, you will be interested to know that Kris Jenner filed divorce papers against Bruce Jenner yesterday in Los Angeles Superior Court, citing irreconcilable differences.

The couple have been married for 23 years.  It is the third marriage for Bruce and the second for Kris.  They had no prenuptial agreement.

The split appears to be amicable and the parties have agreed on joint physical and legal custody of their only child who is still a minor, Kylie Jenner.  Neither is asking for alimony.

Most Expensive Divorce Ever

Thursday, May 22nd, 2014

Dmitry Rybolovlev, one of the richest people in Russia, is about to set the record for most expensive divorce.  A Swiss judge has ordered Dmitry to pay his ex-wife Elena a $4.5 billion divorce settlement.  Dmitry became a billionaire by privatizing a fertilizer plant in Russia.  His net worth is estimated at $8.8 billion.

The judge also gave Elena ownership of real estate in Switzerland worth $145 million and custody of their 13 year old daughter.  Elena and Dmitry met as students and had been married since 1987.

The previous record is held by Rupert Murdoch.  Rupert paid $1.7 billion to his ex-wife Anna in 1991 in cash and Newscorp stock.

Controversial Film “Divorce Corp” Puts Family Law System on Trial

Thursday, January 9th, 2014

The film, narrated by Dr. Drew Pinsky is an expose type documentary of the $50 billion a year divorce industry.The filmmaker, Joseph Sorge, says he was inspired by his own divorce and custody battles. He uses interviews with lawyers, judges and others to try to show the failings of the family law legal system in America.

“It’s an unregulated mess in which children are ripped from their homes, insulting judges play God with parents’ lives, and unlicensed custody evaluators are more like extortionists,” according to Sorge. “Audiences will be surprised to learn just how damaging the family courts process is, people don’t realize a judge can just take the kids away because they don’t like you.”

Outrageous Behavior

Thursday, September 12th, 2013

Justin Steen, a divorce lawyer, woke up without an alarm every morning at exactly 5:00 am.  After his workout routine, he arrived at his office at 7:00 am and start organizing his day.  The phone rang at 9:00 a.m.

“Mr. Steen, it’s Julie Palmer,” said the caller, “You’ll never believe what my husband did now.”

“What did he do, Julie?”

“He booked our twelve year old on a ski trip without even telling me!”

“That’s outrageous.  I’ll call his attorney right now and follow up with a strong letter.  Don’t worry.  This will work against him when we get to trial.”

As soon as Justin hung up with Julie, the phone rang again.

“Hello, Mr. Steen, this is Ken Stevens,” said the caller.  “My wife has our daughter stuck in a day care center which is boring and just a glorified baby sitter.  I want to enroll her in a horseback riding program for the summer and my wife is against it.

“Why that’s outrageous.  I’ll call her lawyer right now and follow up with a strong letter.  Don’t worry.  This will work against her when we get to trial.”

Paternity Tests Ordered in Cleveland Kidnapping

Friday, May 10th, 2013

Police have ordered DNA tests to determine whether Ariel Castro is the father of Amanda Berry’s 6 year old daughter.  He is accused of kidnapping and raping Berry and two other women and holding them captive in his Cleveland home for years.

Many will find it hard to believe that a person convicted of such awful crimes would be able to assert any parental rights such as custody and visitation.

But Maryland, DC and Virginia are among the majority of jurisdictions that do not have laws terminating parental rights upon conviction of rape of the birth mother. So is Ohio.  If Castro sues for custody and visitation, the judge will have to decide based on what’s in the best interest of the child.

Adultery No Bar to Custody

Thursday, May 9th, 2013

In 1978, Robert Swain divorced Nancy Swain because of her adultery.  She did not deny it.  In fact, she was living in an apartment with another man she intended to marry.

What Robert objected to was the order giving Nancy custody of their minor daughter.  His position was that exposure to an adulterous relationship inevitably causes detriment to the morals and welfare of a child of impressionable years.

The Maryland Court of Special Appeals disagreed.  It said there are no presumptions that adultery makes you an unfit parent.  Adultery is relevant only as if it actually affects the child’s welfare.  There is no presumption of harm.  Adultery will not tip the balance against a parent in a custody case.

Swain v.  Swain, 43 Md. App. 622; 406 A.2d 680 (1979)

Tax Planning for Divorce (Part 2-Exemptions for Dependents)

Tuesday, January 22nd, 2013

Guest Post By John Ellsworth, Esq

You can continue to claim your child as a dependent on your tax return if the divorce decree names you as the custodial parent. This is a very important rule for you to memorize.

If the decree is silent on that point, you would still be considered the custodial parent — and thus eligible for the exemption — if your child lived with you for a longer period of time during the year than with your ex. So if the child lives more than half the year with you, and your decree doesn’t mention who gets the exemption, then you get it.

Please keep in mind that it’s possible for the noncustodial parent to claim the exemption if the custodial parent signs a waiver pledging that he or she won’t claim it.

Negotiation Tip: Segregation

Thursday, January 17th, 2013

Some issues are just too big and complex to tackle all at once.  What to do about the children is a good example.

But you can eat an elephant if you take your time and take small bites.

That’s what you do in negotiations.  If you get stuck on a problem, start breaking it down into to smaller bites.  Separate the issues.

Segregate the big issue of “children” into custody and child support.

Then take custody and keep breaking it down.  Segregate custody into who will make the legal decisions, where will the child  live, and what will the time sharing schedule look like.

You can even break down legal decisions into separate pieces like who will decide which doctors to use, who will decide where the child goes to school and who will decide what religion to raise the child in.

Sometimes it’s easier to reach agreement with a series of small decisions than trying to tackle the whole thing at once.

Divorce and Children (Part 1)

Friday, January 4th, 2013

Guest Post by David Williamson, content writer at Coles Solicitors who writes on different law and legal topics. He is expert in writing about personal injury law, family law, divorce law, employment law and many other legal topics.

Divorce affects everyone differently. The two main parties, the husband and wife, are of course usually the ones most notably affected. Commonly though, friends, relatives and even neighbors can be drawn into the fray in the face of the developing animosity. However, whereas adults will, more often than not eventually move on and lead normal happy lives again, perhaps with a new partner, children often experience different outcomes.

Divorce and its consequences can leave permanent scars on the psyche of children. The way a divorce is conducted and understanding the short and long-term effects it could have on children is important to ensuring they don’t suffer because of their parent’s personal turmoil.

These effects can vary drastically. However, there are some very important outcomes relative to all age groups that are wholly worth maintaining, especially if you have children and are seeking divorce. The main element to remember when considering how a child may react to divorce, (regardless of age) is always thus:

‘Removing a parent from the equation kills the illusion of the solid family unit the child has been brought up to respect.’

The results of this can manifest in a variety of ways. The most common of these by far, though, is a striking drop in productivity. Children who are raised in divorced families statistically demonstrate a lack in productivity in both school and the home. However,  that’s not to say that all children experiencing divorce will behave in this way but statistically children are more prone to acting out when involved in divorce than those raised in a family where the parents remain married.

Stay Calm in Your Child Custody Battle

Monday, October 1st, 2012

“The kids need haircuts!” were the first words Michael said when he walked into the library conference room for the mediation with his lawyer.

“I’d get them one if you would pay some child support!” shot back Sandy, his estranged wife, who was already seated in the conference room with her lawyer.

Before the exchange could heat up any more, retired Judge O’Malley, dressed nattily in a tweed sport coat, looked up from his papers at the head of the conference table and peered over his reading glasses.

“Let me give both of you a tip,” he said in his slow, quiet voice that demanded attention.  “The court doesn’t like hysterical, angry witnesses.  If it’s a close call, and one party is hysterical and emotional and the other one is calm and rational, the judge is usually going to go with the one that’s calm.”

With the stakes so high in a child custody case, it’s easy to become frustrated and angry.  So a Florida law firm asked a couple of therapists for ideas.   Read their responses in “Avoiding Anger During a Custody Case.”

 
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