Adoption vs. Guardianship

Posted on by Horman Nichols, LLC

Written By: Trevor Addie-Carter

Another question that family law attorneys occasionally get asked is whether a prospective client needs to file an adoption case or a guardianship case.  Like many client questions, the answer is “it depends.”  While adoption and guardianship cases have some similarities, they are different cases with different procedures and end goals.  Here are some of the key differences between adoptions and guardianships:

  • Purpose – Adoption and guardianship have legally distinct purposes which generally do not overlap with each other.  In an adoption case, the Petitioner (person asking for the Court Order) is asking the Court to allow that person to become the parent of the Adoptee (person to be adopted).  In a guardianship case, the Petitioner is asking that the Court determine whether the subject of the guardianship case is a minor or a disabled person who needs a guardian to manage their affairs.
  • Relief Requested – In an adoption case, the Petitioner is asking the Court to grant a Court Order that has the legal effect of recognizing a legal parent-child relationship between the Petitioner and the Adoptee.  Oftentimes, this will result in the parental rights of at least one of the Adoptee’s natural parents being terminated.  The end result is the establishment of a legal relationship whereby the Petitioner assumes all parental rights and obligations over the Adoptee.  In Maryland, both children and adults can be adopted.

In a guardianship case, the Petitioner is asking the Court to grant a Court Order appointing one or more people to manage another person’s personal and medical affairs (Guardian of the Person), their financial affairs (Guardian of the Property), or both (Guardian of the Person and Property).  Unlike in an adoption case, a guardianship case does not establish a legal parent-child relationship, nor does the person appointed guardian receive any parental rights. Rather, the guardian is tasked with managing the specific affairs designated in the Guardianship Order.  Further, the courts are generally required to determine that there is no less restrictive alternative to guardianship before appointing a guardian.

  • Evidence Required – To the extent applicable to each case, all Petitions for Adoption must contain the information and evidence required in a single procedural rule.  This typically includes information about the Petitioner’s family situation, employment situation, income, and the Petitioner’s and Adoptee’s health.  Common documents that are included with every adoption petition include a certified copy of the Adoptee’s birth certificate, a certified copy of the marriage certificate for each married Petitioner, certified copies of all Judgments of Divorce of each Petitioner who has been divorced, and certified copies of any orders concerning temporary custody or guardianship of the Adoptee.

Petitions for Guardianship of the Person and for Guardianship of the Property each have their own set of procedural rules that govern the Petition and documents that must be filed with the Court.  Typically, these documents include two signed and verified certificates of examining or evaluating medical professionals and written parental consent (for cases involving minor).  The Petitions must also generally include specific information about the minor or allegedly disabled person, specific information about the Petitioner, and specific information about the minor or allegedly disabled person’s family members.

Adoptions and guardianships are complex legal proceedings with very specific procedures, evidence, and end goals.  If you have questions or wish to discuss whether adoption or guardianship is right for your family situation, please call our office at (301)-663-8101.

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.

Maryland Pride: 5 Laws that Passed the General Assembly

Posted on by Horman Nichols, LLC

Written By: Trevor Addie-Carter

LGBTQ Pride Month is celebrated every June to commemorate the Stonewall Uprising; to promote the self-affirmation, dignity, equality, and increased visibility of LGBTQ+ people; to remember those whose lives have been lost to hate crimes and HIV/AIDs; and to celebrate the impact that LGBTQ+ people have had in local, national, and international affairs.

While Pride Month offers LGBTQ+ people a chance to celebrate and be seen, it is also a stark reminder of the work that still needs to be done to achieve full equality for LGBTQ+ people.  LGBTQ+ people, especially transgender women of color, like many others, still find themselves the victims of bias-motivated crimes (“hate crimes”)—2019 FBI Uniform Crime Report statistics indicate that of the 7,103 single-bias incidents reported in 2019, 16.8% resulted from sexual orientation bias and 2.8% were motivated by gender-identity bias.

LGBTQ+ youth continue to face bullying and harassment in school, with the 2021 National Survey on LGBTQ Youth Mental Health indicating that 75% of LGBTQ+ youth reported that they had experienced at least one instance of discrimination based on their sexual orientation or gender identity, 48% were unable to receive the counseling from a mental health professional that they wanted, and 42% seriously considered attempting suicide in the last year, including more than half of transgender and nonbinary youth.

While these statistics are alarming, there are also many organizations working and advocating for the LGBTQ+ community.  The Frederick Center and FreeState Justice are some of the Maryland-specific organizations.  The Maryland General Assembly has also taken action.  Below are a few laws that the Maryland General Assembly passed in its 2021 Legislative Session:

  • “Bias Rage” and “Panic Defense” Ban (effective October 1, 2021) – Specifically establishes that the discovery of, perception of, or belief about another person’s race, color, national origin, sex, gender identity, or sexual orientation, whether or not accurate, does not constitute legally adequate provocation to mitigate a killing from the crime of murder to the crime of manslaughter, nor a defense to the crime of assault.
  • The Educate Against Hate Act (effective October 1, 2021) – Redefines the term “sexual orientation” in the context of hate crimes and includes gender identity in the list of protected classes, this law will also allow a Court to require an offender convicted of a hate crime to complete an antibias education program in addition to other penalties imposed.  Further, the law requires the University System of Maryland to manage the development of an antibias education program by January 1, 2023.
  • Mental Health Treatment – Minimum Age (effective October 1, 2021) – This law lowers from 16 years-old to 12 years-old the minimum age at which a minor can consent to consultation, diagnosis, and certain mental health treatment by a care provider.  While the law also allows the care provider to provide certain information to parents, guardians, or custodians under certain circumstances, there is also an exception if the provider believes that the disclosure will lead to harm to the minor or deter the minor from seeking care, making it easier for at-risk youth (including LGBTQ+ youth) to access mental health services.
  • The Maryland Commission on LGBTQ Affairs (effective October 1, 2021) – This law establishes the Maryland Commission on LGBTQ Affairs in the Governor’s Office of Community Initiatives.  In addition to providing the framework of the Commission, the law will also require the publication of an annual report which includes recommendations on policies to end discriminatory practices in the State.
  • Waiver of Name Change Publication (effective October 1, 2021) – This law creates a statute in the Courts & Judicial Proceedings Article of the Code of Maryland which requires a Court to waive the publication requirement in a Name Change case upon a request to do by the Petitioner asking for the name change.  Previously, any person asking to change their name would be required (unless the Court granted an exception) to publish information pertaining to the name change in a local newspaper.  Prior to this statute, there was no guidance provided to Judges on what constituted appropriate grounds for an exception.

The legal landscape is ever changing, and these laws are just a few laws that Maryland passed in 2021, but for many people whose lives these changes will improve, they serve as a symbol that progress is being made.

Settlement on Your New House

Posted on by Horman Nichols, LLC

Written By: Andrew Nichols

Congratulations! Your offer has been accepted and you’re about to be a new homeowner.  One of the next steps is to pick a settlement date and pick a title company to hold the settlement.  Here are a couple of things to keep in mind about the settlement process.

Is it “Settlement” or “Closing”?

Chances are you’re going to hear the terms “settlement” and “closing” used by your agent and/or lender and you may wonder if they are different steps in the process.  When used in this context, they mean the same thing.  Settlement or closing is the last step in the process where among other things, you usually go to the title company’s office, sign a stack of documents and get your keys.  

How Long Will the Process Take?

The actual closing takes less than an hour, however, that’s usually the easy part.  Once your offer has been accepted, on average, it will take 30-45 days before you can go to closing.  This is an average, and the number can vary depending on the lender and other factors. 

What Does the Title Company Actually Do?

The title company makes sure the sale and purchase of the house goes smoothly.  This includes examining the title on the house you’re purchasing.  The title company will conduct a title search to make sure the property’s title is “clean.”  This means there are no liens, easements, unpaid taxes, judgments, etc., that impact the title.  The title company will also issue you title insurance.  

What is Title Insurance and Who Pays for It

Title insurance generally protects you against unknown or undiscovered defects in the title to the property.  A more comprehensive breakdown on title insurance can be found here. 

While the types of coverage required and who is required to pay for them can vary from state to state, in Maryland, lender’s title insurance is required and the homeowner’s title insurance is optional.  The new homeowner is required to pay for title insurance.

Who Picks the Title Company?

The buyer gets to pick who handles their closing.  While your agent or lender will often be happy to refer you to a title company, as the buyer in Maryland, you get to choose your title company.   

Horman Nichols is a Title Company

Horman Nichols is a title company and we handle commercial and residential real estate settlements.  While we are also a law firm, our prices to handle a settlement are no different than any other title company.  Our attorneys have been handling real estate settlements for decades.  Contact our office for questions about the real estate settlement process.

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.

That Time I Rear-Ended a Sheriff

Posted on by Horman Nichols, LLC

What to do after getting into a car accident, even a fender bender with a Deputy Sheriff.

Written By: Andy Nichols

If you’ve been involved in a car accident, even a minor one, you know it’s a bad experience.  You know what makes a bad experience worse?  When you rear-end a car in traffic and a police officer in uniform steps out of the car you just hit.  Your stress level goes through the roof.  You begin to wonder if you paid that last parking ticket you got downtown, you hope your headlights are all working correctly and you begin to think who your one phone call from jail will be.  

This happened to me.  We were in bumper-to-bumper traffic and I looked down at the radio display, looked up and traffic was stopped.  I couldn’t stop in time and I bumped the Toyota in front of me.  Imagine my response when a deputy sheriff stepped out of the Toyota.  Thankfully, the deputy I hit could not have been nicer.  We pulled over into a parking lot, made sure everyone was okay, exchanged information and went our respective ways.  

It is worth noting that in Maryland, if you get into a car accident and your vehicles are able to be driven, you can move them off the roadway.  If you need to take pictures to memorialize where the vehicles were respective to road signs, lanes of travel, etc., do so, but once you’ve done that, you can move your vehicles.  Not only will your fellow commuters and drivers thank you, for obvious reasons, it’s the safe thing to do.  

While even minor accidents are stressful, here are a few tips to help reduce that stress.  

If you think you may be at fault:

(1) take pictures of the other vehicle(s) to document property damage, particularly if it’s minor.  

(2) Call your insurance company on the spot if you can.  This allows the insurance company the opportunity to speak with the other driver and document any injuries they may be claiming and whether or not they were alone in the vehicle or had passengers.  

(3) Don’t admit fault.  Even if you think you’re at fault, there may be circumstances you’re not aware of at that time that may shift some or all of the liability to another person. 

If you believe the other party is at fault:

(1) Take pictures of the other driver’s license plate, vehicle, driver’s license and insurance card.  Call the other driver’s cell phone immediately and make sure it rings to the phone they have.  This a is great way to make sure you’ve got the number stored. 

 (2) Call their insurance company on the spot because this allows you to confirm they have insurance coverage.  

(3) Even if you’re not feeling any injuries, be very careful how you word a response if someone asks you if you’re injured.  Don’t lie, but consider saying, “I’m not feeling anything right now.”  

Be safe and don’t drive distracted!

Dog Bite Cases in Maryland

Posted on by Horman Nichols, LLC

We all love dogs. Well, most of us. Occasionally, dogs can be aggressive and that aggression can turn into a bite. When looking at Duncan the thought seems impossible, but it does happen. Here are the important facts you need to know if you are involved in an incident where a dog has been aggressive.

  1. In Maryland, dog bite cases are fact specific.
  2. Maryland also has a rebuttable presumption that the owner of the dog should know their dog’s disposition.
  3. Has the dog bitten someone in the past? An owner should know about previous bites, however, in the state of Maryland there does not need to be evidence of a previous bite to prove aggression.
  4. Did the individual who was bitten provoke the dog in any way? Dog can bite as a result of being scared or startled.
  5. What is the status of the individual on the property? Is this someone who was invited or are they trespassing?

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 Strategies I’ve Learned as a Female Attorney

Posted on by Horman Nichols, LLC

Written By: Kelli Knight


Upon graduating from law school a semester early and passing two state bar exams, in June 2012, I was sworn in to the bars of New Jersey and Maryland. The first in my family to attend law school, I was unsure of what to expect from this particular career path, in large measure, because of the oft-told narrative espousing the many unique challenges inherent in being a woman in the legal field (i.e., being mistaken for non-lawyer support staff, enduring wage differentials with one’s male counterparts, or, worse yet, dealing with sexual abuse or harassment from senior partners).

Today, nearly nine years later, when asked to write about my experiences as a “female” attorney, I can happily and honestly say there has yet to be a situation in which my gender could be considered problematic or in a negative light. In fact, it’s been quite the contrary. It proves to be a source of great strength in my legal career.  Perhaps I have been uniquely blessed with employers and mentors who are gender blind, but I think there’s much more to it than that.

For the record, and for the sake of brevity, however, I do humbly submit that the things that have helped me navigate and succeed in this profession are the same skills that apply to both women and men:  

1) Be the most prepared person in the room.

2) Hold fast to the courage of your convictions.

3) Never play the victim.

4) Embrace the God-given differences that make both men and women great. 

I believe a female who is armed with a solid education, an ability to analyze issues and relate to others, can and certainly will succeed in this male-dominated arena.