Columbia Family Lawyer

Columbia Family Attorney

When it comes to matters of family, we hope that they are resolved with love and respect for the people in our lives. We often consider the closest. Unfortunately, not all matters of the family are resolved peacefully. When your family is facing internal legal troubles such as domestic violence, divorce, paternity questions, and more, you deserve the help of a Columbia family lawyer.

At the Law Offices of Todd K. Mohink, PA, our Columbia family lawyers have witnessed these changes firsthand. We understand how the current legal, economic, and emotional environment affects your family. We do more than react to changing trends. We proactively work with them to help obtain a positive outcome under the circumstances.

Maryland Family Law

Family law is complex and encompasses many different types of legal cases. It focuses on issues that involve family relationships and involves both cases that occur in a courtroom and cases that can be handled through negotiations. The types of cases handled by a Columbia family lawyer are:

• Child custody. A family lawyer can help you navigate contentious child custody battles and make modifications to existing custody agreements.
• Child protective services. If CPS gets involved in a case, having a lawyer on your side can help you improve your chances of keeping your family intact.
• Child support. A lawyer can help you negotiate fair child support payments.
• Paternity. Whether you want to determine paternity so that you can get child support or prove it so you can access your parental rights, hiring a lawyer can make the process easier.
• Prenuptial and postnuptial agreements. Having a prenuptial or postnuptial agreement in place can help to protect your rights and interests should your marriage dissolve.
• Premarital and domestic partnership agreements. Not all agreements are between married or soon-to-be married spouses. Premarital and domestic partnership agreements can also be helpful.
• Protective orders. If you are concerned about your safety or that of your children, requesting a protective order at the Howard County District Court in Ellicott City is an important step to take.
• Same-sex adoption. Same-sex couples are just as entitled as heterosexual couples to adopt children as long as they meet the criteria of the adoption agency. A lawyer can help them navigate this complex legal process.
• Same-sex child custody and support. Divorcing same-sex couples often need help determining fair child custody and support arrangements. You can hire an attorney to protect your parental rights.
• Same-sex family and marriage. There are approximately 12,500 same-sex couples living in Maryland. They face all the same issues as heterosexual couples when it comes to family and marriage. Working with a lawyer who has experience handling them in this context can make your life easier.
• Separation agreements. If you plan to separate from your spouse, you will need to draft a separation agreement with the help of an attorney.

One commonality between all these cases is the difficulty of navigating the legal system while also dealing with any related emotions and trauma. Even if the case is full of happy emotions, like with adoption, verifying that the process is done right is not easy. The right course of action in any family law case is to find an attorney who can help you resolve your case.

Columbia Family Laws

Three statistics offer insight into how much the legal environment has changed since the 1980s. First, most children do not live in traditional households. Perhaps one or both parents have been married before, they live with stepsiblings, or a single parent is the head of household. Second, the number of single-father/children households has increased dramatically.

This change indicates that more Howard County judges have completely done away with the tender years doctrine, which always gave mothers superior child custody rights. Finally, the number of divorces for people over 50 has nearly tripled since 1990. These marriage dissolutions involve highly complex property division issues.

Marriage Dissolution in Columbia, MD

The marriage rate has fallen in recent years, but the reconstituted family is still a main component in society. So, divorce is the most common family law procedure. Legal separation is an option in some cases.

These couples remain legally married but live apart. A legal separation provides an alternative to divorce if the parties are not ready for a divorce or are opposed to it for religious, moral, or financial reasons. But in most cases, divorce fully resolves all issues, including:

• Status change. Some divorces involve adultery, cruel treatment, abandonment, or other fault. But most Howard County divorces involve a lack of support. No-fault divorce reduces the drama in these proceedings and shifts the focus to other issues.
• DSOs. Domestic support obligations include things like child support and spousal support. Generally, child support determinations are objective proceedings that set amounts based on income, number of children, and some other factors. Spousal support actions, on the other hand, are much more subjective.
• Property division. Maryland is an equitable distribution state. Equitable is not necessarily the same thing as equal. But for practical purposes, most judges require substantial evidence before they split marital property and debts on anything other than a 50/50 basis.
• Parenting time distribution. The every-other-weekend/every-other-holiday model still works in some cases. But such an arrangement may not give children consistent and meaningful time with each parent. So, a somewhat more even division may be more appropriate.

Only subsequent remarriage can reverse the status determination. But the other three may be modified based on changed circumstances.

Division of Parental Responsibilities in Howard County

As mentioned, most children do not live with two parents who are both in their first marriage and their pure biological children. Some situations include:

• Adoption. Maryland law is very specific in terms of things like waivers of parental rights and the amount of financial support an adopting family may give a birth mother. Strict adherence to these rules is a good way to prevent a future, emotionally wrenching legal showdown.
• Unmarried parents. A piece of paper does not change the fact that these families face the same struggles that married couples face. So, a court often needs to intervene, especially regarding parenting time disputes.
• Grandparents’ rights. After a 2000 Supreme Court decision, most states, including Maryland, sharply limited grandparents’ rights to legally spend time with their grandchildren. However, some solutions are still available for these families.

Except for status issues, most of these decisions may be legally modified later based on a substantial change in relevant circumstances.

Coming Up With a Child-Focused Parenting Plan

A strong Maryland parenting plan will do more than just assign physical and legal custody of the child. It should also cover:

• Daycare or school decisions
• Medical care
• Holidays
• Exchanges
• Transportation
• Extracurriculars
• Travel
• Communication with the child
• How disputes will be handled

The parenting plan should set forth everything required to help both the custodial and non-custodial parents understand their roles in the child’s life.

Parenting plans often become necessary during divorces or separations. However, you may also need to come up with a child-focused parenting plan as part of a paternity dispute. No matter what has prompted the need for a parenting plan, a family lawyer can help you and the other parents negotiate terms that are amenable to both parents and keep the child’s best interests in the forefront.

Legal vs. Physical Custody

There are two types of custody in Maryland:

• Legal custody. Legal custody allows one or both parents to make important decisions on the child’s behalf, including those involving schooling and medical care.
• Physical custody. Physical custody is assigned to determine where the child will spend most of their time.

Both legal and physical custody can be assigned solely or jointly. In many cases, courts award joint custody because it is assumed to be in the best interests of the child. Sharing custody with a co-parent means making decisions about the child’s well-being together and dividing parenting time.

Court Order Enforcement

Sometimes, courts order divorcing spouses or parents to do things like share child custody, pay child support, or pay alimony. No matter what a court order refers to, it’s legally binding, and the person affected must adhere to it. If you’ve gotten a court order for child support and the other parent isn’t paying, for example, you can take legal action against them with the help of a lawyer.

If a divorced spouse or a parent of a child refuses to adhere to the terms of a court order, they can be found in contempt of court. The non-compliant spouse or parent can then be imprisoned or criminally prosecuted for intentional failure to pay child support. Custody and visitation orders can also be enforced, typically with the modification of existing orders to reinforce future compliance.

Understanding Protective Orders

Protective orders are another type of court order typically issued in situations where domestic violence becomes a problem. Protective orders can be obtained through either the District Court or the Circuit Court. They’re most often issued to spouses of abusive partners and their children. You can qualify for a protective order if you:

• Are you married, divorced, or separated
• They are related by marriage, blood, or adoption.
• Have lived together in a romantic relationship for 90 days or more in the past year
• Share a child
• Have had a sexual relationship in the past year
• Were raped or assaulted by the person in the past six months
• Are vulnerable adults

Your lawyer can help you take out a protective order and make sure that it is properly enforced.

Finding a Good Columbia Family Law Attorney

Family law matters are extremely personal and important, so the choice of attorney should not be taken lightly. Luckily, there are qualities that you can look for in attorneys to help guide your choice instead of leaving it to chance.

Experience

Family law encompasses a wide range of legal areas, including divorce, adoption, child custody, etc. The attorney that you choose should have experience in all areas that you need for your case. For example, if you are divorcing your spouse and you share children, the lawyer that you choose should not only have experience in divorce but also in child custody.

Although experience in family law is important, you should also choose an attorney who has experience in the court where your case will be heard. It can be invaluable for your attorney to have knowledge of the judges and relevant processes in your specific court. An experienced attorney can help you get a fair settlement and positive results for any children involved.

Objectivity

Long gone are the days when the assumption was that the mother was automatically the right parent to have primary child custody or that the woman should receive most of the assets in the event of a divorce. The court now recognizes that proceedings should be equitable and in the best interests of the children, if any are present.

The attorney you choose should recognize this new way of thinking and therefore avoid the pitfalls of older ideas. An objective lawyer can look at your case and effectively advise you on the right course of action.

Communication skills

Excellent communication skills are a must when considering a lawyer. Not only will your lawyer need to communicate well with you to understand your goals and desired outcomes in your case, but they will also need to communicate with opposing counsel and the presiding judge.

This trait is important when discussing difficult situations and working toward conflict resolution, especially when some areas of the law are difficult for the average American to understand. A good lawyer can find the difficult balance between detachment and empathy to craft creative solutions for any issues that arise in your case.

Hourly Rate

Private attorneys need to be compensated for their time, and choosing an attorney within your budget is an important consideration. Many lawyers require a down payment, or retainer, to start working on your case. The retainer amount, as well as the attorney’s hourly rate, will depend on the complexity and type of your case.

After the retainer is paid, the attorney will take their payment from the retainer and bill you as they work. Depending on the total cost to resolve your case, you might need to replenish the escrow account.

The attorneys and support staff at the Law Offices of Todd K. Mohink, PA, were carefully chosen to have all these important qualities, in addition to other strong qualities like professionalism, legal knowledge, and efficiency.

Hire a Family Lawyer

In some family law cases, it is possible to find the forms online and file them yourself without the assistance of an attorney. You can technically see these cases through without needing to hire a family lawyer, and you may be tempted to save on the costs of one. However, there are severe drawbacks to handling your family law case in this manner.

The court does not have a vested interest in verifying that your case is handled carefully and thoroughly. The court system will hear many cases each day and will not have much tolerance for forms that are filled out incorrectly or are not filed on time. Even a checkmark in the wrong place can delay the process, making your situation drag out longer than it needs to.

A lawyer can also provide an outside perspective, not emotionally affected by the case. Their logical mind can provide creative solutions to any issues that may arise because they have degrees of separation that help them be objective about the case. Furthermore, attorneys have years of experience working within the legal system, and there are many who will have experience in your type of case.

Although it is likely the first time you have dealt with an adoption, divorce, or other issues related to family laws, it will not be an attorney’s first time. Their knowledge and experience can make your case run more smoothly and ultimately resolve faster and more favorably.

Their advice and guidance can especially help with reducing your fears and anxiety while the case is progressing. There are many unknowns as you navigate the legal system. Hiring a competent family law attorney can help shed light on those unknowns before they become an issue.

FAQs About Columbia, MD Family Law

How Much Does a Family Lawyer Cost in Maryland?

How much a family lawyer costs in Maryland varies depending on what type of services you need. Simple, straightforward matters can be resolved in less time than a complex, contested divorce, for example. The only way to find out for sure how much it will cost to hire a family lawyer regarding your issue is to contact a local law firm.

What Should You Not Say to a Family Court Judge?

There are several things you should not say to a family court judge because they can harm your case. You should never lie, exaggerate, or use disrespectful language. You should also avoid speaking poorly of your former partner if you are in the midst of divorce proceedings, as this can make you appear more concerned about your grievances than your child’s best interests should a custody battle occur.

What Are the Three C’s of Divorce?

The three C’s of divorce are communication, cooperation, and compromise. Following these principles makes it easier to navigate your marital dissolution. You will be able to reduce costs, separate more peacefully, and prioritize your children’s well-being by reaching a more amicable resolution without needing to go to court. Even if it seems like your divorce will be amicable, you should still hire a lawyer to help you resolve any disagreements.

Is It Worth It to Get a Family Lawyer?

It is often worth it to get a family lawyer. If you are dealing with a small, unimportant matter that requires a straightforward solution, you may be able to handle it by yourself. However, if you are navigating a complex issue like a divorce or an adoption, you should always hire a family law attorney to help.

Columbia Family Lawyer | Local Family Law Firm Near You

Modern family law covers a number of diverse issues and circumstances. Each type of case will have its own nuances and issues that must be addressed for a favorable outcome. With over 20 years of experience in many different areas of law, our team is ready to assist you through your family law case.

The wide range of legal experience in our full-service law firm means that we have familiarity with and solutions for whatever issues your family law case may bring. For a consultation with an experienced local family law firm near you, contact the Law Offices of Todd K. Mohink, PA. We routinely handle matters in Howard County and nearby jurisdictions.