CHILD CUSTODY, VISITATION
AND CHILD SUPPORT
GUIDING YOU THROUGH CHILD CUSTODY, VISITATION & CHILD SUPPORT
For the majority of parents who find themselves in the midst of a dispute regarding child custody, child access and visitation and child support and in need of a family law attorney, the best interest of their children is the primary focus. Often, legal proceedings involving children are highly contentious, very stressful, and emotionally charged. At times parties may let their emotions cloud their judgment when dealing with child custody, child access and visitation, and child support matters. At SmollonLaw we will help you focus on, and obtain concrete solutions designed to work in the best interest of your children.
helping you in family court
Looking Out for the Best Interests of Your Children
The most important issue in any child custody and visitation arrangement is to protect the best interest of your children. Through negotiation or litigation, our lawyers have obtained results ranging from joint custody with equal access to each parent to sole custody for one parent. We also help same-sex parents, who may serve as de-facto parents even when no biological link to a child is present, assert their custodial rights.
Child Support
Rights of Birth Parents
If you were married when you gave birth to your child, then your spouse is presumed to by your child’s other parent. In this case both you and your spouse are “joint natural guardians” of your child. As “joint natural guardians you share equally in the rights and obligations of parenthood.
If you were not married when your child was born and you are the birth mother, then you are your child’s “natural guardian,” and the child’s biological father has to establish paternity. Until paternity has been established you alone are the child’s “natural guardian” and as birth mother, you alone have the rights and obligations of parenthood until paternity has been established. Paternity can be established when the presumed biological father signs as “Affidavit of Paternity,” by DNA Paternity Testing done voluntarily or by Court Order, or the Court can establish paternity.
If you are your child’s birth mother and you are in a same sex relationship, many couples choose to do an adoption in order to ensure that your partner shares the same parental rights and obligations.
Parental Rights For Fathers
As a father, things can be a little more complicated. If you were married to your child’s birth mother at the time your child was born you are presumed to be the child’s father. In the event you believe that you are not the child’s father, you do have the right to ask the Court to establish lack of paternity.
If you were not married to your child’s birth mother at the time your child was born you will be called upon to establish paternity by signing an “Affidavit Paternity,” by DNA Paternity Testing done voluntarily or by Court Order, or the Court can establish paternity.
Once paternity is established, as a birth father you share the same rights and responsibilities of parenthood as your child’s mother. There is no maternal preference in Maryland.
In situations where custody must be determined by agreement between you and your child’s mother or by the Court, the financial, medical, educational, and residential, and all other decisions regarding your child’s life and future have to be arranged. Questions regarding past decisions concerning your child and care of your child must be answered. At SmollonLaw we are here to guide you in the endeavor to construct a custodial and access arrangement as well as a finanical support arrangement which takes into account your interest as well as the best interest of your child.
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