Helping you do what’s best for them.
Every parent wants to protect their children from the impact of a divorce. To do so, parents should understand the law as it relates to custody before heading to court. We bring sensitivity and experience to the table as we assist our clients in resolving custody conflicts. We can help you achieve a resolution to your custody matter that meets your parenting goals and serves the best interests of your children.
Custody
In order to protect children from the negative consequences of separation, it is imperative that parents not only understand the process options available before separation and the law regarding custody, but also current social science literature and resources available to families transitioning into two households.
Common issues that you may need to address include:
Access (visitation) schedule: Where will your children live? What should your regular time-sharing schedule look like? How will you share time over special occasions, holidays, and school breaks? When and how should you implement a time-sharing schedule? Under what circumstances will you modify it? Do third parties (ex. grandparents) have rights that impact my case?
Decision-making authority: How will you communicate with and make decisions regarding your children? Who has the authority to make decisions regarding your children? When it is appropriate to retain the right to make decisions over the other parent?
Relocation: What constitutes relocation in your jurisdiction? What should you consider if you would like to relocate with your child out of the jurisdiction? Are you considering a relocation abroad? Are you concerned about a parent’s possible abduction of your minor child?
Abuse (domestic violence, substance abuse) and mental health concerns: What safety planning can you implement for you and your child in light of your family’s special circumstances? What processes are best suited to a family with these concerns? What happens after a child protective services professional contacts your family?
Other professionals: Which professionals are appropriate and available to aid your family in managing difficult family dynamics?
Parenting Plans: What should you memorialize in an agreement with the other parent to ensure an optimal co-parenting relationship?
Third-party custody or grandparent rights? Do other caregivers have rights to the care and custody of my children?
What factors will a court weigh in making a custody determination?
District of Columbia
In the District of Columbia, there is a rebuttable presumption that joint custody is in the best interests of a child. The court’s primary consideration in making a custody determination is the best interests of the child—a series of factors set forth in statute. Those factors are: the wishes of the child, the wishes of the parents and the sincerity of their requests, the child’s relationship with his parents, siblings, or others who emotionally or psychologically affect the child, the child’s adjustment to home, school, and community, the mental and physical health of the children and parents, evidence of intra-family offenses, the capacity of the parents to communicate and reach shared decisions, the willingness of the parents to share custody, the parents’ prior involvement, potential disruption to the child’s home or school life, geographic proximity of the parents, the demands of parental employment, the age and number of children, the parent’s financial ability to support joint custody, and the impact on public assistance and the benefit to the parents.
Maryland
In Maryland, there is no rebuttable presumption that joint custody is in the best interests of the child. Maryland Courts also award custody based on the best interest of the child standard which is set forth in Maryland case law, not statutory law. Those factors include the age and number of children, parents capacity to communicate and reach shared decisions fitness of the parties, their willingness to share custody, the character and reputation of the parties, the ability to maintain family relationships, the willingness of the parents to reach agreements, agreements reached between the parties, the sincerity of each parent’s wishes and requests, the preferences of the child, the impact on the child’s future life, the benefit to the parents, the child’s age, sex and health, the residence of the parents and logistics of visitation, any prior voluntary abandonment of the child, the child’s relationship with each parent/caregiver, the potential disruption to social and school life, the proximity of the parties homes to one another, the financial status of the parties, the impact of the custodial arrangement on public assistance and a catch-all – any other factors. On January 1, 2020, Maryland Rule 9-204.1 on Parenting Plans went into effect, identifying factors that parents and the Courts may consider when reaching agreements between them related to the care and custody of their children.
Modification
An award of custody may be modified or terminated. A modification or termination may occur based on a determination that there has been a substantial and material change in circumstances and that it is in the child’s best interests to modify or terminate the award.
Are you concerned about custody or rights of access in international relocation or have concerns involving possible Kidnapping?
Parents facing international custody questions need counsel who are well versed in intersectionality of the 1980 Hague Convention on the Civil Aspects of International Child Abduction (“1980 Hague Convention”) and the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”). Our inquiry begins with identifying the minor child’s Habitual Residence under the 1980 Hague Convention and Home State under the UCCJEA, while also working with client’s to understand what laws may apply to actions involving divorce, support and a division of property, which are complex. Our counsel have successfully worked with clients seeking to relocate abroad, prevent the relocation of a minor child abroad and address allegations of abduction from the United States and to the United States.
Do you have a question about third-party or grandparent custody?
Parents and “third parties” (such as grandparents, those related by marriage, and those entirely unrelated by blood or marriage), do not have the same rights under the law. Non-parents generally fall into two categories of caregivers – de facto parents or third party caregivers. Determining whether a third party has de facto or third-party custodial rights to a child can be complicated and very fact-specific. We work with clients to understand when third parties may have claims of custody, whether and how to legally integrate third parties into a custodial arrangement and implications of doing so, and how to protect families who believe third-party intervention into their family is not in a child’s best interest.
Have you been contacted by a Child Protective Services professional?
Navigating a Child Protective Services (“CPS”) investigation is complex and little practiced among family law practitioners. When choosing an attorney to represent you in a CPS investigation, it is important to consider an attorney who is familiar with the agency, understands the social worker’s role, and has experience utilizing the administrative appeal process available to parents. Finding counsel well versed in these protocols and with the requisite knowledge of how and when to use them to protect you and your family is important.
Zamani & Associates, PLLC has deep seated experience in successfully partnering with clients to address CPS investigations. Our professionals employ a holistic approach – often involving other important providers for the family – to provide a fuller picture and accurate context to the investigating social workers and law enforcement officers. Our team works to connect you and your family with important supports, as needed, or in conjunction with supportive workers already assisting the family.
Our counsel
We understand that no two families are alike and that in high conflict cases involving, e.g., mental health issues, disputes over managing a child’s particular needs, and substance abuse problems, clients require help from skilled, careful, and knowledgeable advocates to negotiate practical solutions. Our lawyers bring sensitivity, creativity, and years of experience to bear to assist our clients in achieving resolution of their custody conflicts, regardless of the complexity of the level of conflict in the case.
We also strive to take a holistic approach to our custody cases to ensure that our clients and their children have the support they need during separation and divorce. We draw on our network of trusted professionals, including child specialists, therapists, education consultants, and others to ensure that our clients have the tools and support necessary to advance their children’s best interests at all times and to reach a durable settlement between parents.
Additional Resources:
Child Support.
In Maryland and the District of Columbia
In both the District of Columbia and Maryland, child support is the right of the child and is set forth in statute. Child support is determined based in part on the child’s physical custody arrangement (sole v. joint) and the gross incomes of both parents. The Court must apply the child support guidelines when determining child support for all families, though, in certain circumstances, the Court permits upward or downward deviation from the guidelines.
In the District of Columbia, a minor child is entitled to receive child support until he or she reaches the age of twenty-one. In Maryland, a minor child is entitled to receive child support until he or she reaches the age of eighteen (18), unless the child is in high school, which will result in an extension to age nineteen (19).
An attorney for your child.
In the District of Columbia
As part of a custody proceeding in the District of Columbia, the court may appoint a guardian ad litem — an attorney who represents a minor’s best interests — for your child. The court may also appoint a stated interest attorney for a child. This attorney would represent the express stated interests of the child, which may differ from a guardian ad litem’s representation. Practice standards in the District of Columbia do not yet exist for these roles. Therefore, it is essential that you select an attorney with experience acting as a guardian ad litem.
In Maryland
In Maryland, a court may appoint a best interest attorney, child advocate, or child privilege attorney in a custody proceeding. The best interest attorney serves to protect a child’s best interest. A child advocate is an attorney who represents the stated interests of a child and represents the child the same way the attorney would represent an adult. A child privilege attorney is appointed to determine whether to assert or waive any statutory privilege on behalf of the child. The court may combine one or more of these roles in an appointment.