Family Law

Where can I file for custody?

Generally, a custody action should be filed in the “home state” of the child. The “home state” of a child is where the child has resided with a parent or guardian for at least 6 consecutive months immediately before filing the custody action. For example, assume the...

When is supervised visitation required?

In Maryland, if the Court has reasonable grounds to believe that a child has been abused or neglected by a parent, the Court can require supervised visitation to protect the future safety, physiological, psychological and emotional well-being of the child. In extreme...

What is a “nesting custody agreement”?

“Nesting” or “bird’s nest” custody is a joint custody arrangement where the children remain in the family home and the parents take turns moving in and out of the home into separate residences. In other words, the parents are “visiting” the children instead of the...

What is “reasonable visitation”?

In Montgomery County, Maryland, the Court typically considers “reasonable visitation” for the non-custodial parent to be alternating weekends from Friday to Sunday, alternating holidays, at least 2 weeks of summer vacation and a midweek visit for dinner or overnight....

Is custody modifiable?

Custody and visitation are always modifiable by the Court if there has been a “material change in circumstances” since the last Court Order, and the change “fundamentally affects the best interests of the child.” The Court retains the power to modify custody and...