Why You Need an Adoption Attorney

Posted on by Horman Nichols, LLC

Written By: Trevor Addie-Carter

A fairly common question that family lawyers get asked is whether prospective adoptive parents need to hire an attorney in connection with their decision to adopt a child.  Maryland adoption law itself is a very specific field with its own specific sets of statutes and procedural rules that govern the court process.  Here are a few reasons why prospective adoptive parents need to work with an attorney:

  • There are different types of adoption in Maryland – Maryland law establishes three types of adoption in Maryland:  Public Agency Adoption, Private Agency Adoption, and Independent Adoption.  Each of these case types have their own sets of statutes that apply specifically to that type of adoption.

Public Agency Adoptions are adoptions through which the prospective adoptive parents are seeking to adopt a child who is in the care of a county Department of Social Services (also known as a Department of Health and Human Services in some counties). The public agency adoption statutes are Maryland Code, Family Law Article §§ 5-301 to 5-362.

Private Agency Adoptions are adoptions through which the prospective adoptive parents seek to adopt a child through a licensed child placement agency (such as Adoptions Together).  The private agency adoption statutes are Maryland Code, Family Law Article §§ 5-3A-01 to 5-3A-45.

Independent Adoptions are adoptions where no agencies are involved.  The most common type of independent adoptions are stepparent adoptions and intra-family adoptions (for example, where a grandparent adopts a grandchild from the natural parents).  As there are no agencies involved in an independent adoption, it is these adoptions for which the need for an attorney to guide the prospective adoptive parents is the greatest.  The independent adoption statutes are Maryland Code, Family Law Article §§ 5-3B-01 to 5-3B-32.

In addition, depending on circumstances, the Interstate Compact on the Placement of Children and other Interstate Compacts may apply.

  • There are specific procedural rules governing how natural (biological) parents are notified – Under Maryland law, both natural (biological) parents—the child’s mother and father—must be notified of the adoption proceedings and be given the opportunity to consent or object to the adoption.  This is true even if the prospective adoptive parents do not know where the natural parent lives.  This notice can be given by serving legal papers or through publication in the newspaper and on a Maryland Department of Human Services website.

There are specific rules that apply to each situation and each specific document that needs to be served (for example, a Consent form versus a Show Cause Order).  If these rules are not properly followed, it is possible that a parent may not receive the necessary notice, which can place the adoption proceedings in question.

  • The rules change if a natural parent objects – When both natural parents and the person to be adopted all give their consent, the Court must find that the proposed adoption is in the best interests of the child in order to grant the adoption.  If one or both of the natural parents object to the adoption, then the prospective adoptive parents must prove by clear and convincing evidence that very specific statutory requirements apply in order to terminate the objecting parent’s parental rights.

This is done through a Contested Adoption Hearing, which is a trial held for the purposes of determining whether the court can legally grant the adoption over the natural parent’s objection and, if so, whether the adoption is in the child’s best interests.  If the prospective adoptive parents cannot prove that the Court can legally grant the adoption over parental objection, then the Court cannot grant the adoption. 

Even if the natural parents both consent, there is a window of time for them to revoke their consent before it becomes finalized.  Further, the Court cannot grant an adoption if the person to be adopted objects.

If you have questions about adoption or are thinking of adopting, it is important you speak with an adoption attorney who can help explain the process to you.  For more information, call us at 301-663-8101.

Divorce Court – Hearings, Orders, and Events

Posted on by Horman Nichols, LLC

Written By: Trevor M. Addie-Carter

One of the most daunting parts of a divorce case is understanding the different types of hearings, orders, and events that will occur while your case proceeds through the Circuit Court.  To provide some clarity, below are some of the most common types of hearings, orders, and events in family law cases:

Hearings

  • Scheduling Conference – This is often the first hearing in a divorce case.  No evidence or testimony is presented, but rather a Family Magistrate confers with the parties and their lawyers to determine which legal issues are in dispute, what resources are needed, and to schedule dates for the various hearings.
  • Pendente Lite Hearing – The Pendente Lite Hearing is much like a miniature trial.  Often lasting only a few hours, each party has an opportunity to present evidence and testimony before the presiding Family Magistrate, who will then make a recommendation to the Circuit Court Judge on an appropriate Pendente Lite Order.
  • Settlement Conference – A Settlement Conference is a non-evidentiary conference designed to give the parties the opportunity to try and settle their case.  Unlike mediation, a Settlement Conference generally occurs at the Circuit Court and typically involves a Judge or a Magistrate.
  • Pre-Trial Conference – A Pre-Trial Conference is the last hearing before the Merits Trial.  At the Pre-Trial Conference, the parties will have one last opportunity to try and resolve their case.  The Court will also review the parties’ Pre-Trial Statements and address any final matters before the trial.
  • Merits Trial – This is the “final trial,” which can take a full day or longer.  At the merits trial, each side will present evidence, call witnesses, and provide testimony intended to make their case before a Circuit Court Judge, who will provide a final decision.

Orders

  • Scheduling Order – This is the Order that the Court passes following a scheduling conference and includes the hearing dates decided upon at the Scheduling Conference as well as various other deadlines in the case.
  • Pendente Lite Order – A Pendente Lite Order is an Order which provides for temporary custody, visitation, child support, alimony, and use and possession of the family home and family use personal property while the case is pending.
  • Order for Mediation – This is an Order directing the parties to attend Mediation, a form of Alternate Dispute Resolution where a neutral third party (the mediator) helps the parties try and resolve their case, either in part or in full, on a temporary or a long-term basis.
  • Co-Parenting Education Order – This is an Order directing parents to attend an educational program which help teach separated or divorcing parents to work together to make decisions regarding their children. 
  • Other Orders – The Court can also issue Orders for a variety of other things, including orders which appoint attorneys to represent your children, orders which appoint custody evaluators or parenting coordinators, orders for mental health evaluations, orders to compel discovery, and orders for sanctions.

Other Events

  • Discovery – Discovery is the process by which each of the parties can ask the other parties to produce documents, answer written questions under oath, attend depositions, admit or deny factual allegations, or inspect property.  The discovery process is intended to help each side gather evidence, investigate and build its case, and learn what evidence and information other parties may have.  Subpoenas may also be used.
  • Mediation – Mediation is a form of Alternative Dispute Resolution (ADR) in which the parties (and their attorneys, if applicable) meet with a neutral third party (the mediator) to try and resolve their case.  The mediator is trained in methods to help opposing parties reach a compromise, and often acts as the messenger, bringing each side’s settlement offer to the other.
  • Arbitration – In some cases, parties to a divorce may agree to arbitrate the financial aspects of their divorce.  Arbitration is another form of Alternative Dispute Resolution (ADR) where disputes are submitted to a neutral decision-maker called an “arbitrator.”  These proceedings are more informal than a court proceeding but can also be more cost effective.
  • Protective Order Cases – If you or your children should ever find yourselves the victims of domestic violence/intimate partner violence or child abuse, filing a Petition for Relief from Abuse (also called a Petition for Protective Order) is a way to initiate emergency proceedings for a Protective Order.  Protective Order cases are independent two-to-three hearing cases intended to provide civil protection and relief for victims of abuse.

If you have been served divorce papers, are contemplating filing for divorce, or need more information, give us a call at 301-663-8101.

4 Things to Know When Getting Divorced

Posted on by Horman Nichols, LLC

Written By: Trevor Addie-Carter

Divorce is complicated, both emotionally and legally.  Emotionally, the divorce process is stressful and can come with strong emotions about yourself, your partner, your marriage, and the divorce process.  Legally, there are multiple different stages and decision-makers involved, which can feel overwhelming.   Here are 4 things you should know about the divorce process.

  • You will experience strong emotions – Divorce is defined as the legal dissolution of a marriage.  Divorce cases themselves focus on the family relationship, often explore matters that you and your spouse may or may not have shared with others and will do so in front of lawyers and judges whom you may have never met before.  You will very likely experience strong emotions, and that is okay.  It is also okay to seek counseling if you feel you need help processing or managing these emotions.
  • You will need to understand your finances – In cases where child support or alimony are requested, you will need to have a firm understanding of your finances, including your income, your expenses, your assets, and your liabilities.  Even without child support or alimony, divorce means you will likely be going from a two-income household to a one-income household.  A strong understanding of your finances will help you to budget for the future.
  • Family Law cases have multiple stages – From the initial Complaint for Divorce to the final Judgment of Divorce, a Family Law case may have multiple stages and hearings.  These could include a Scheduling Conference, at which the Court reviews the initial filings and sets dates for hearings; a Pendente Lite Hearing, at which a Family Magistrate holds a hearing to make recommendations for a temporary order while the case proceeds through the system; and a Settlement Conference, where the parties discuss settlement.  You may also be ordered to attend Mediation and will likely have to request and produce discovery.
  • Family Law cases also have multiple actors – Aside from the Circuit Court Judge and Family Magistrate, there are multiple other actors that may be involved in your case.  Depending on the legal issues presented, your case may also involve Mediators, Parenting Coordinators, Custody Evaluators, mental health professionals, and attorneys who represent the parties’ children.

Divorce can easily become overwhelming, but it doesn’t have to be.  A strong support network, advanced financial planning, and a law firm with a deep understanding of family law can help.  

If you have any questions, are contemplating divorce, or have been served with divorce papers, please contact us through our website or call our office at 301.663.8101.

What You Need to Know About the Maryland Adoption Process

Posted on by Horman Nichols, LLC

Written By: Trevor M. Addie-Carter

If you ask any Circuit Court Judge in Maryland, they are bound to tell you that there are few happier moments in Court than when they are able to grant an adoption.  The elation extends to everybody in the courtroom, from the adoptive parents and child to the Judge and court staff.  Having been adopted myself, I take particular satisfaction in being able to assist prospective adoptive parents and adoptees.  Here are 4 things to know about adoption cases in Maryland.

  • Maryland Law Recognizes Three Different Types of Adoption Cases – While the end goal for the prospective adoptive parents remains the same, Maryland law has specific procedures that can change depending on whether an adoption is a Public Agency Adoption through the Department of Social Services, a Private Agency Adoption, or an Independent Adoption, which are typically arranged by and between a natural (biological) parent and a prospective adoptive parent, with no agencies involved.
  • There is No Age Limit on Adoption – Many people believe that adoption only applies to children.  While the majority of adoption cases are child adoptions, Maryland law allows both adults and minors to be adopted.  Further, an adult can independently petition the Court for their own adoption, without the involvement of other adoption or government agencies.
  • The Process is Designed to Protect Parental Rights – The legal effect of adoption is that the Court must ultimately decide whether to terminate the natural parents’ parental rights and to grant parental rights to prospective adoptive parents.  In order to protect those parental rights, adoption procedures require that every natural parent file a written consent or a written objection to the adoption petition.  If a natural parent has not filed a response, the Court has the authority to issue a Show Cause Order setting a deadline to respond.  This Order must be personally delivered to the non-responsive parent.  
  • The Adoptee Has a Say, Too – If the prospective adoptee is at least 10 years-old, they must consent to their own adoption.  If the adoptee is under 10 years-old, they must not object to the adoption.

Adoption is a very specific field of law, and while many would consider it a subset of family law, not every attorney who practices family law handles adoption cases.  If you have questions, want to learn more, or are contemplating adopting, Horman Nichols is prepared to help.  Please contact us through our website or call our office at 301.663.8101.

4 Things to Know About Child Support in Maryland

Posted on by Horman Nichols, LLC

Written By: Trevor M. Addie-Carter, Associate Attorney

Payment of child support can have a significant impact on a child’s well-being, from clothing, food, and shelter to educational-related expenses.  For parents with limited income or who must return to school to better support themselves and their children, child support payments can help ensure that the children’s needs are met, despite the parents’ situation.  A Child Support Order itself is the result of legally required financial calculations, documentary evidence, testimony, and legal argument.  Here are four things you should know about child support.

  1. Child Support Isn’t Just for Divorce – Parents do not need to be married or divorced to ask the Court to create a Child Support Order.  While child support can be, and often is, requested in connection with a divorce case, parents can also ask that child support be ordered as part of a custody case, or even as its own stand-alone case through a Complaint for Child Support.
  2. The Court Considers Multiple Financial Factors – In determining an appropriate Child Support Order, the Court is required to utilize the Maryland Child Support Guidelines found in the Maryland Code, Family Law Article.  This calculation takes into account “actual monthly income,” which includes (but is not limited to) salaries, wages, commissions, bonuses, alimony received, and expense reimbursements or in-kind payments that reduce the parent’s personal living expenses.  The Court will also review deductions for pre-existing child support obligations, alimony actually paid, work-related childcare expenses, health insurance expenses, extraordinary medical expenses, cash medical support, and additional expenses.
  3. You Can ask the Court to Modify Child Support – The Court can modify a Child Support Order upon a showing of a material change of circumstance.  A parent who believes there has been a significant change, either because of a job loss, a significant pay raise or pay cut, a change in custody arrangements, or a significant change in deductible expenses can file a Petition to Modify Child Support. 
    It is ultimately up to the parent asking for the modification to prove the change in circumstances; however, the non-moving parent can also introduce evidence and testimony and argue for the child support award they believe is in their children’s best interests.
  4. There are Multiple Ways to Enforce Child Support Orders – If a non-custodial parent who is Court-ordered to pay child support violates the Court Order, the custodial parent has a few options.  The custodial parent can file a Petition for Contempt asking that the Court hold the non-custodial parent in contempt for violating the Court’s Order.
    The custodial parent can also request the Court create an Earnings Withholding Order (sometimes called a “wage assignment” or a “child support garnishment”), which requires the non-custodial parent’s employer to make direct payments to the custodial parent out of the non-custodial parent’s paychecks. 
    The custodial parent can additionally seek assistance from their county’s Child Support Enforcement Agency—in some counties, this is the Department of Social Services or the State’s Attorney’s Office, whereas other counties have their own Child Support Enforcement Offices.

Child support determinations, modifications, and enforcement are a discrete area of law.  The calculations for determining an appropriate child support award can require the collection and analysis of complex financial documents.  Non-payment can impact your wages and your driver’s license.  

If you have questions or have been served with court papers relating to child support, Horman Nichols is prepared to help. Please contact us through our website or call 301.663.8101.

New Laws Taking Effect on October 1, 2020

Posted on by Horman Nichols, LLC

This is a sample of the new laws taking effect on October 1, 2020. A full list can be found on the Maryland General Assembly’s website (http://mgaleg.maryland.gov/mgawebsite/Legislation/Report?ID=chapters).

1.      Anti-discrimination laws:  This new law, among other things, prohibits employment discrimination based on certain traits, such as hairstyle and hair texture, associated with race.  Specifically, the bill prohibits discrimination on the basis of a “protective hairstyle,” which includes “braids, twists, and locks,” and clarifies that the definition of “race” also includes “traits associated with race, including hair texture, afro hairstyles, and protective hairstyles.”  

2.     Salary history and inquiries:  (a) Employers are required to provide the salary range to an applicant for the position for which they applied. (b)     Employers are prohibited from making salary history inquiries to an applicant or former employer. This does not prohibit an employee from volunteering their salary history. (c) Employer are prohibited from retaliating against or refusing to interview, hire or employee an applicant who requests salary information or refuses to provide their salary history.  (d) Employers are prohibited from taking action against an employee who asks about their own wages.   

3.     Notice requirements to employees prior to layoffs:  This amendment applies to employers with at least 50 employees that operate an industrial, commercial or business enterprise in Maryland for at least one year. Employees who work on average, less than 20 hours per week or employees who have worked less than 6 months in the immediately preceding 12 months are not counted in the 50-employee requirement.  Notice must be given:  (a) When an employer is relocating part of its operations to another existing site or a new proposed site.  (b) The shutting down of a workplace or a portion of the operations of a workplace that reduces the number of employees by the greater of either 25% or 15 employees over a 3-month period.  (c) Usually notice must be given at least 60 days in advance.  (d) The notice must contain the name and address of the affected workplace, a supervisor’s name, telephone number and email address, whether the reduction in operations is expected to be permanent or temporary and whether the workplace is expected to shut down and when the expected reduction in operations is scheduled to begin.   

4.     The use of facial recognition software during pre-employment job interviews is prohibited without the applicant’s consent.   

5.     Child support guideline changes: Currently the law requires that a child have at least 128 overnight visits with each parent in order to qualify for shared custody in child support calculations.  The new law changes the threshold to 92 overnight visits.     

6.     Hate crimes and the use of symbols to threaten or intimidate:  A person is prohibited from placing or inscribing an item or symbol, including an actual or depicted noose or swastika with the intent to threaten or intimidate any person or group of persons on any real or personal property, public or private without the express permission of the owner.