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.

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.

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.

3 of the Best Lessons I’ve Learned as a Lawyer

Posted on by Horman Nichols, LLC

Written By: Andrew Nichols

Every profession comes with learning moments and opportunities.  During my time as an attorney, I’ve had so many of these moments.  Here are three of the best lessons I’ve learned.

  1. Zealously representing your client does not mean you have to be a complete jerk.  As a general rule, throughout my career, I have had very good working relationships with my opposing counsel.  You often hear people say they want a “pit bull” who will fight for them and they seem to believe this is best demonstrated by screaming at the other attorney(s) and being difficult to work with.  In my nearly 20 years of practice, I have found the opposite to be true.  When I was in law school, one of the most important lessons I had a professor teach me, is that you get one crack at establishing your professional reputation.   By being courteous and professional, I have been able to establish good working relationships, and in many cases, friendships, with opposing counsel.  Without doubt, this has allowed me to get better results for my clients.

2. Having a job that allows you to have a happy balance with work and personal/family time really has a value to which you can’t assign money.  Prior to starting Horman Nichols, I was a partner, and prior to making partner, an associate attorney with a mid-sized firm in Baltimore.  When I interviewed at that firm, I had just found out my wife was pregnant with our first child.  The partner I interviewed with assured me that the firm believed in a balance of work and family.  At the time they offered me a position as an associate attorney, I had two other job offers on the table that were offering a higher salary.  I accepted the position with my old firm because I knew life was going to change (I didn’t know how much!) and I didn’t want to be chained to a desk.  I have never regretted that decision.  

3. Just be nice to people.  This ties back in with number 1 above, but it can’t be stressed enough.  I vividly remember after a 3-day jury trial in Cecil County, I had the courtroom bailiff (a retired law enforcement officer) stop me as I was leaving the courtroom.  He thanked me and said I’d shown him more courtesy over the last 3 days than some local attorneys he’d known for years.  The only thing I really recalled doing was simply saying good morning and good night every day, and thanking him for his assistance in the courtroom.  My parents taught me that your degree or your job doesn’t make you better than someone else and I try to keep that lesson with me.  I’ll say it again – just be nice.  

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?

Zantac and Ranitidine Cancer Lawsuit

Posted on by Horman Nichols, LLC

Horman Nichols Attorneys at Law are offering free consultations in the Maryland area for the Zantac/Ranitidine Lawsuit.

Currently, there is a class action lawsuit against the manufacturers for the over-the-counter heartburn medication Zantac and its generic form Ranitidine. In April 2020 both drugs were recalled due to producing dangerously high levels of NDMA, a cancer-causing chemical.

If you’ve taken Zantac/Ranitidine, and have been diagnosed with cancer as a result, Horman Nichols is prepared to file a lawsuit on your behalf.

Call Horman Nichols for a free consultation. 301.663.8101