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Davis Upton

Palumbo
& Keffler, LLC

Attorneys at Law
DOMESTIC CASE PROCESS

TABLE OF CONTENTS

Exclusively for Clients of:


DAVIS, UPTON, PALUMBO & KEFFLER, LLC

A. CLIENT INTAKE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1. Initial Consultation
2. Attorney is Retained

B. INFORMATION GATHERING . . . . . . . . . . . . . . . . . . . . . . . . 2

1. Client Information Worksheet

C. LITIGATION PROCESS . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1. Complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2. Complaint and Information Sheet are Filed with the Court . . . . . . 3
3. Summons is Issued by the Clerk . . . . . . . . . . . . . . . . . . . 3
4. Summons, Complaint and Information Report are Served on
Opposing Party. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
5. Answer to be Filed by Defendant . . . . . . . . . . . . . . . . . . . 4
6. Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
7. Counter Complaint may be filed with the Court . . . . . . . . . . . . 5
8. Scheduling Conference . . . . . . . . . . . . . . . . . . . . . . . . . 5
9. Discovery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
10. Pendente Lite Relief . . . . . . . . . . . . . . . . . . . . . . . . . . 7
11. Mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
12. Settlement Conference . . . . . . . . . . . . . . . . . . . . . . . . . 7
13. Trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
14. Judgment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

D. THE BASIC LAW


1. Grounds for Divorce . . . . . . . . . . . . . . . . . . . . . . . . . 9
2. Marital Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3. Alimony . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4. Custody and Visitation/Access . . . . . . . . . . . . . . . . . . . . 11
5. Child Support. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

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DOMESTIC CASE PROCESS

A. CLIENT INTAKE

1. Initial Consultation – During the Initial Consultation, we will listen as you discuss your
current domestic situation and describe to us what you hope to achieve through our
representation. We may discuss with you, in general, such things as grounds for divorce in
Maryland, determination and division of marital and non-marital property, alimony, child
custody and visitation, and child support. During these general discussions, we may inquire
further as to certain aspects of your situation in order to help us identify potential issues that
may arise during the course of our representation. We will also explain the firm’s billing
policies and the attorney’s billing rate.

2. Attorney is Retained – If, after or during the Initial Consultation, you elect to retain our
firm, we will execute a Retainer Agreement. The terms of the Retainer Agreement will set
forth the terms under which Davis, Upton, Palumbo & Keffler, LLC, agree to represent you.
The Retainer Agreement will set forth such things as the amount of the initial retainer, hourly
rates to be charged, etc. Typically, these issues are explained to you by the billing manager
and any questions regarding billing practices should be addressed to the billing manager.

B. INFORMATION GATHERING

1. Client Information Worksheet – Once we have been retained, the next step in the process is
for you to provide to your attorney information that he/she believes may be needed to prepare
your domestic case.
a. To assist you in this process, we have developed a Client Information Worksheet, a
copy of which is attached to this document.
b. The worksheet is intended to gather comprehensive data about you and your family,
including names, dates of birth of children, date and place of marriage, income, assets
and debts.
c. Your attorney will review this worksheet with you and assist you in providing the
information requested. As part of this process, you may be asked to gather and bring in
certain documentary evidence such as tax returns and pay stubs.

C. LITIGATION PROCESS

1. Complaint – After you and your attorney have gathered the necessary preliminary
information and have identified your potential claims, your attorney will draft the Complaint.

a. Grounds - The Complaint could contain one or more “counts” or “grounds” for
Divorce, Limited Divorce (i.e. a “legal separation”), Child Custody, Child Support,
Modification of Custody, Support (“family maintenance” or “alimony”), or
Visitation (“access”), etc.

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b. Facts - The Complaint does not need to contain all the facts that may be at issue in the
case. Rather, it just needs to plead the minimum facts necessary to show that the
Plaintiff has sufficient grounds to support the claim.

c. Review - Once the Complaint is drafted, a copy of the Complaint will be sent to
you for review and signature.

d. Signed by Client - All Complaints for Divorce, Custody and Support must be
signed by the client under oath, certifying to the Court under the penalties of
perjury that the facts set forth in the Complaint are true and correct.

2. Complaint and Information Sheet are Filed with the Court – After the client has
executed the Complaint, the attorney will complete a Case Tracking Information Form and
will then file two copies of the Complaint and the Information Form with the appropriate
Circuit Court.
a. Filing Fee - The Court charges a $115.00 filing fee when the Complaint is filed.

b. Payment of Fee - The filing fee will typically be advanced by your attorney and
billed to you. This fee will be shown as “Filing Fee” on your monthly billing
statement.

3. Summons is Issued by the Clerk – Upon the filing of the Complaint, the Clerk of the
Circuit Court will issue a “Summons”.
a. Summons - A Summons is a legal document requiring the person to whom it is
directed (the “Defendant” or opposing party) to file an Answer or Response to the
Complaint within a certain period of time after it is “served” upon them.

b. Timing - The issuance of the Summons by the Clerk typically takes 7 – 10 days.

4. Summons, Complaint and Information Report are Served on Opposing Party – When
the attorney receives the Summons and Complaint back from the Clerk, the attorney must
then arrange to have the opposing party “personally served” within 60 days of the date that
the Summons was issued by the Clerk. There are several ways that personal service may
be accomplished:
a. Private Process Server – A private process server can be hired and charged with
the task of personally delivering the Summons and Complaint to the opposing
party. This typically is the best way to ensure prompt service of process upon the
Defendant. However, it is also the most expensive with typical minimal charges in
the range of $40.00 -$65.00. This cost may increase if the Defendant is difficult
to locate or attempts to avoid service. In most cases the cost of private process
service is justified due to the promptness and certainty of service.

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b. Certified Mail - In those cases where the client does not wish to incur the cost of a
private process server, it is possible to serve the Defendant by certified mail, with a
return receipt requested. This typically costs about $10.00. Again, this is the least
expensive method of service; but, the opposing party can easily avoid service by
refusing to pick up and sign for the certified mail at the post office. Should this occur,
it typically takes the Post Office 30 – 45 days to notify the attorney that service was
not accomplished. In those situations, a private process server is usually necessary.

c. Service on Opposing Counsel - If there is an attorney representing the opposing party,


that attorney may have permission to accept service on behalf of their client. This can
be accomplished at no additional cost.

5. Answer to be Filed by Defendant – Once an Opposing Party is “served” with the Summons
and Complaint, he or she must file an Answer to that Complaint.
a. Contents - The Answer must either admit or deny each allegation of fact set forth in
the Complaint, or allege that the person filing the Answer does not have sufficient
information to either admit or deny the particular factual allegation.

b. Signed by Defendant - The Answer must also be signed by the Defendant under the
penalties of perjury.

c. Time for Filing by In-State Defendants - In-State Defendants must file their Answer
with the Clerk of the Circuit Court within 30 days from the date they were served with
the Complaint.

d. Time for Filing by Out-of-State Defendants - Out of State Defendants have 60 days
to file their Answer. Out of Country Defendants have 90 days to file their Answer.

e. Service on Plaintiff - In all cases, the Defendant must also serve a copy of the Answer
to the attorney for the Plaintiff when it is filed with the Court.

f. Filing Fee - There is no filing fee for filing an Answer to a Complaint. However, if
the Defendant is represented by an attorney, the attorney must pay an Appearance Fee
of $10.00, which again is charged to the client.

6. Default – If the opposing party fails to file an Answer within 30 days of service, the attorney
may file a Motion for Default. The opposing party then has 30 days to Answer why they
should not be held in default. During this time the Court will schedule a default hearing. All
parties and attorneys attend this hearing where the opposing party has to explain to the Court
why he or she failed to file an Answer. It is very common for the Judge or Master to accept the
explanation and allow the opposing party to file an Answer. Occasionally, the Court does not
accept their explanation; in this case the Judge or Master may grant the relief requested by
Plaintiff.

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7. Counter Complaint may be filed with the Court – The opposing party has 30 days after the
time for filing an Answer to file a Counter Complaint. This gives the party the opportunity to
plead their case and request relief specific to their needs. The process and timing is the same as
for the initial Complaint.

8. Scheduling Conference – Once an Answer to the initial Complaint has been filed, the Court
clerk will set the case in for a Scheduling Conference.
a. Attendance and Location - In most cases, only the attorneys will attend this
conference which typically is held in the Judge’s or Master’s Chambers.

b. Purpose - The purpose of the Scheduling Conference is to give the Judge or Master
the opportunity to find out what the issues are and what needs to be done by the
attorneys, parties, and the Court. Following the conference, the Judge or Master
usually orders the parties to attend mediation, and may also order psychological
evaluations, substance abuse evaluations and drug testing if the case warrants any of
these.

c. Cases Involving Children - In cases where there are children involved, the Court will
order the parties to attend Families in Transition Training (FIT) to help the parents
communicate with respect to their children, and to learn how to keep the children out
of the middle of their domestic case. The Court may also require parents to enroll
children in Children of Separation and Divorce (COSD) or Kids Connects classes
through Family Services. The Court may also set a date for a Settlement Conference, a
Pendente Lite Hearing (to decide custody/visitation, child support, and alimony for the
short term) and/or a trial date.

9. Discovery – Discovery is the formal process of gathering information about the case in
preparation for trial. Maryland Rules allow for liberal discovery of information so that there
should be no ‘surprises’ at trial. The Court’s philosophy is that there should be no “trial by
ambush”. Typically, anything is discoverable if it could reasonably lead to evidence that
would be admissible at trial. It is not necessary that the material requested is itself admissible
at trial as long as it could lead to admissible information. The Discovery process is time
consuming but extremely important. It can be very useful in trying to settle a case and for
determining the strengths and weaknesses of a particular case.
a. Timing - The Discovery process can begin with the filing of the Complaint and can
continue right up through the final hearing. There is a continuing duty for each party
to update discovery if new facts are learned or circumstances change.

b. Types of Discovery - Several methods of discovery are typically used by attorneys in


domestic cases.

1) Interrogatories - Interrogatories are written questions that must be answered,


in writing and under oath, by the client, within 30 days after receipt. Each
party is limited to 30 Interrogatories directed to the other party. The client
will be required to sign the final Answers to Interrogatories under oath.

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2) Requests for Production of Documents - Requests for Production of Documents
consist of one or more written requests to produce, or permit the requesting party to
access documents or property. The party receiving the request has 30 days to respond
by providing the documents or property, providing the requesting party with an
opportunity to view the documents or property, or a refusal to provide access to the
documents or property along with the grounds for refusal.
3) Depositions - A deposition is best described as a process whereby the opposing
party’s attorney has the opportunity to ask you questions about your case and you are
required to answer the questions under oath. Depositions are typically held at one of
the attorneys’ offices. Everything that is said in a deposition is transcribed by a Court
Reporter. The answers that you give at a Deposition may be used against you at trial
if your answer at trial is different than your answer in the Deposition. In certain
circumstances, a Deposition may also be videotaped. Usually, if depositions are to be
held, they are conducted after Answers to Interrogatories and Requests for Production
of Documents are served on the opposing party. This way, the attorney can delve
more deeply into the answers that are given in response to the Interrogatories and may
ask questions about the documents which have been produced.
4) Records Depositions - A Records Deposition is typically used when a non-party to a
case has possession of records which contain discoverable information. A Notice of
Records Deposition and a Subpoena is served on the person from whom records are
sought. The person to whom the Notice of Records Deposition is directed will have
30 days to either provide copies of the documents requested, or allow the requesting
party to inspect and copy the documents requested.
5) Admissions - Admissions are written statements of asserted facts which the opposing
party must either admit or deny. If the fact(s) are admitted by the opposing party,
then the fact is deemed admitted for the purpose of trial. If the opposing party denies
the truth of any asserted fact, and the party requesting the admission later proves the
fact to be true, the party who denied the admission may be required to pay any cost
incurred by the party who had to prove the fact at trial. Importantly, a party has 30
days to respond, either admitting or denying each request. An explanation must be
given for each denial. Any requests that the party does not respond to within 30 days
to are deemed to be admitted.

c. Responding to Interrogatories and Requests for Production of Documents - Usually,


Interrogatories and Requests for Production of Documents are served together. When
Interrogatories and Requests for Production of Documents are received from the opposing
party, we will provide you a copy and request that you provide us with all information and all
documents that could be responsive to the questions asked and requests submitted. We may
even ask that you provide draft answers to Interrogatories that we will edit to arrive at the
final Answers to Interrogatories. It is also very helpful if the client organizes and classifies
all documents provided in response to the Request for Production of Documents consistently
with the numbered request. This could save us time (and save you money!) in preparing the
final Responses to Requests for Production of Documents. Typically, we will meet to review
and finalize responses before they are submitted to the opposing party.

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d. Sanctions For Failing to Comply with Discovery Requests - If requests for
Discovery are not responded to promptly and/or if documents are not provided in
response to Discovery, the Court could order that a party should not be allowed to
introduce certain evidence during a hearing or trial. A party has 30 days to file
responses to Discovery requests.

10. Pendente Lite Relief – If the trial date will be several months away, or there are immediate
issues that need to be dealt with, the Court may schedule a mini-hearing on specific issues.
This hearing is called a Pendente Lite Hearing (PL Hearing). Pendente Lite is Latin for
“pending litigation”. At this hearing, important issues such as child support, child custody and
temporary alimony will be settled for the interim between the PL Hearing date and the trial
date. Generally both parties and a few witnesses will testify at a Pendente Lite hearing.
Although the determinations made by the Court during a PL Hearing are not final, the court
will not set aside the decisions made during a PL Hearing unless the parties show why the PL
decision was not correct or the opposing party can introduce new evidence that tends to
contradict any determination made during the PL Hearing. Therefore, although the PL Hearing
determination is not a final determination, it is very important to put forth all of the evidence
available to support a parties’ particular position because it is hard to reverse a Judge’s or
Master’s decision once it is made.

11. Mediation – Mediation is an alternative to hearings and trials. A neutral third party mediator,
who may be agreed upon by the parties or appointed by the Court, will meet with the parties
together to attempt to reach a mutually beneficial agreement.
a. Attendees - Generally attorneys are not present for mediation, but they may be ordered to
attend.

b. Number of Sessions - The Court usually orders a minimum of two sessions (unless an
agreement is reached sooner or the mediator informs the Court that the case is not
appropriate for continued mediation).

c. Agreement - If the parties reach a proposed agreement, the Mediator will draft it and
provide it to the attorneys for review. This may settle the case. The agreement reached at
mediation functions as a contract, which may be included in a Court Order at a later date.

12. Settlement Conference – The Settlement Conference is scheduled by the Court and usually
takes place anywhere from 45 to 60 days (in some cases longer) after the Scheduling
Conference.
a. Attendees - All parties and their attorneys attend the Settlement Conference.

b. Purpose - At the Settlement Conference, the attorneys only will meet with the Judge
or Master and tell him or her the status of the case including whether any issues have
been resolved, if Discovery has been completed and what has been done to try and
settle the case (.e.g. mediation). If nothing has been settled, the Judge/Master may
advise the attorneys on how he or she would likely rule if the case went to trial and
might suggest a course of action for the attorneys/clients to pursue to settle the case or
certain aspects of it. The Judge or Master may also refer the parties to mediation with
a retired Judge, even if they have already tried mediation earlier in the process.

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c. Trial Scheduled - A trial date will be set, if not already scheduled. If the parties are
unable to reach a settlement agreement, then they will proceed to trial. Depending on
how many issues there are to litigate and how long the attorneys think they will need
before the Court, it may take anywhere from 2 months to 12 months to get a trial date.

13. Trial – If the parties are unable to reach an agreement regarding the terms of their separation and
divorce, the issues will be determined at trial. A domestic trial may be held either before a
Master for Domestic Relations or before a Judge.
a. Before the Master - Many family law cases take place before the Master for Domestic
Relations. The Master is sort of a “mini-judge”. Cases tried before the Master follow the
same procedure as cases tried before a Judge. In such cases, each party will have the
opportunity to make opening and closing statements, present evidence through their own
witnesses, and cross-examine witnesses of the opposing party. At the end of the hearing,
the Master will make findings of fact and give “recommendations” to the Court. Once
the Master makes a recommendation, the attorneys and parties will have 10 days to
review the recommendation, and file an Exception if they disagree with all or any part of
the recommendation. If the matter is uncontested, or if the parties agree on the
recommendation, they may agree to waive this 10-day period. If no Exceptions are filed,
or the exceptions period is waived, the Judge will sign the recommendations into a Court
Order. If Exceptions are filed, the Court will schedule a hearing at which each party can
argue why the recommendations should or should not be followed. In most cases, the
Court will rule on the Exceptions, although the Court always has the option to reopen the
case and take additional testimony.

b. Before the Court - A hearing before the Court will be heard by a Judge. Each party
will have the opportunity to make opening and closing statements, present evidence
through their own witnesses, and cross-examine witnesses of the opposing party. At the
conclusion of the case, the Court will make a ruling which determines the outstanding
issues in the case. In certain cases, the Court may take the case ‘under advisement’,
allowing the Court time to review the evidence, research uncertain areas of law, and issue
a written formal opinion.

c. Pre-Trial Conference – When a case is set for a trial date it will most likely be set in for
a Pre-Trial Conference 30-60 days prior to the trial date. All parties and their attorneys
must attend the Pre-Trial Conference. The Pre-Trial Conference is an opportunity for
the actual Judge who is going to hear the case to meet with the attorneys and discuss the
issues that will be litigated before the Judge and to make sure that all of the appropriate
pleadings, any amendments, documents, studies, etc. that may be necessary have been
completed and filed with the Court. The Judge may also suggest settlement options to
the attorneys to discuss with their clients.

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14. Judgment – Once the Judge has entered the final Judgment (Order), the attorney will go over
the details with the client. It may be necessary for the client to take specific steps to comply
with the Order, and the attorney will discuss these steps with the client. If there is a reason to
appeal the Order, the attorney will discuss these reasons with the client, and file an Appeal
within 30 days of the Order.

D. THE BASIC LAW

1. Grounds for Divorce – In Maryland, there are specific grounds that must be met in order to be
granted either a Limited or Absolute Divorce. In fact, a party may not file for Divorce in
Maryland unless he or she has met the grounds for divorce at the time of filing.
a. Limited Divorce - A Limited Divorce in Maryland is nothing more than a legal
separation. It allows a party to bring a case to Court in the situation where Pendente
Lite relief is required, but there are no grounds that would otherwise entitle the parties
to a final or Absolute Divorce. At a hearing for a Limited Divorce, the only issues that
the Court may address are: pendent lite child custody, child support, use and
possession of the family home, and temporary alimony. In order to obtain a Limited
Divorce in Maryland, the complaining party must meet one of the following grounds
for Limited Divorce.

1) Voluntary Separation - Parties must be living separate and apart, voluntary,


with the intent of ending their marriage.

2) Desertion - The statutory term ‘Desertion’ means a cessation of the marital


relations with the intent of ending the marriage.

3) Cruelty of Treatment - This means a course of conduct that is calculated to


seriously impair the health and/or happiness of the other party or a child of the
party.

4) Excessively Vicious Conduct - The complaining party must be able to prove


that the opposing party acted in a cruel and excessively viscous manner toward
the party or a minor child of the party. This may be a one time occurrence as
opposed to a course of conduct.

b. Absolute Divorce - An Absolute Divorce in Maryland is a Final Divorce. At a hearing


for an Absolute Divorce, the Court will determine all issues related to the marriage of
the parties, including child support, child custody and parental access, alimony, use
and possession of the family home, and division of marital property. In order to obtain
an Absolute Divorce in Maryland, the complaining party must meet one of the
following grounds for Absolute Divorce.

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1) Adultery - Adultery is the act of a married individual having sexual intercourse with
a person other than that individual’s spouse. A Complaint for Divorce may be filed
on adultery grounds as soon as the party discovers the adultery. To obtain a divorce
on the grounds of adultery, the complaining party must prove a) a public show of
affection and b) the opportunity to commit the act.

2) Voluntary Separation - The parties must be living separate and apart without
cohabitation for one (1) year before filing for Absolute Divorce. The intent to dissolve
the marriage must be mutual and there must be no hope of reconciliation.

3) Two Year Separation - The parties must be living separate and apart for two (2)
years before filing for Absolute Divorce. There is no need for mutual intent to
dissolve the marriage, but there must be no hope of reconciliation.

4) Cruelty of Treatment - A course of conduct that is calculated to seriously impair the


health and/or happiness of the other party or a child of the party with no hope of
reconciliation.

5) Excessively Vicious Conduct - Cruel and excessively viscous action toward the party
or a minor child of the party with no hope of reconciliation.

6) Insanity - One party must be confined to a mental institution for at least 3 years
before a Complaint may be filed. Two physicians must testify that the insanity is
incurable.

7) Conviction of a Crime - One party must be convicted of a felony or misdemeanor,


sentenced to serve at least 3 years in prison, and have already served at least 12
months of the sentence.

2. Marital Property – Marital property includes all property, regardless of how it is titled, that is acquired
by one or both parties during the marriage. Marital property does not include:
a. property acquired prior to the marriage,
b. inheritances from a 3rd party,
c. gifts from a 3rd party specifically given to husband or wife, or
d. property that is excluded by valid agreement.

The Court does not get involved with issues involving marital property until the hearing on the Absolute
Divorce.

3. Alimony – There are three different types of Alimony in the State of Maryland.
a. Pendente Lite Alimony - This is also commonly referred to as “Temporary Alimony” and may
be awarded at a Pendente Lite Hearing or at a hearing for a Limited Divorce. The only factors
that matter in a Pendente Lite Alimony case are one party’s need and the other party’s ability to
pay. Temporary alimony may be back-dated to the date the request for alimony was filed with the
Court. The amount awarded as temporary alimony may become the final award for alimony as
well.
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b. Statutory Alimony - The goal of statutory alimony is to make the recipient spouse
self-supporting. It may be backdated to the date of filing with the Court and will last as
long as it will take for the recipient party to become self-supporting. There are 12
factors that a Court must consider in making an award of Statutory Alimony:
1) The ability of the party seeking alimony to become self-supporting,

2) The time necessary for the party seeking alimony to gain sufficient
education/skill to become self-supporting,

3) The standard of living established by the parties during their marriage,

4) The duration of the marriage,

5) The contributions each party has made to the well-being of the family,

6) The circumstances leading to divorce,

7) The age of the parties,

8) The health of the parties,

9) The ability of the party from whom alimony is sought to pay,

10) Any agreements between the spouses,

11) The needs and resources of each party, and

12) The effect any award of alimony would have on the eligibility of either party
to be eligible for medical assistance.

c. Indefinite Alimony - Indefinite alimony is only awarded in rare circumstances where


the recipient party, due to age, illness, infirmity or disability cannot become self
supporting, or even after becoming self supporting, there will be an unconscionable
disparity in the party’s standard of living.

4. Custody and Visitation/Access – Maryland Courts have jurisdiction to make decisions on


child custody, visitation/access, and child support.
a. Types of Custody - The Court has jurisdiction to decide two types of custody.
1) Legal Custody - the right to make long range decisions regarding education,
religion, and medical care. The Court may award legal custody to one (“sole”) or both
(“joint”) parents. If the parents are awarded joint legal custody, neither parent may
make a long range decision without the input of the other parent.

2) Physical Custody - the right to have the child primarily in your residence.
The Court may award physical custody to one (“sole”) or both (“joint”) parents. An
award of joint custody is based on the number of overnights – not days – that a child
spends with each parent. For joint physical custody, the minimum number of
overnights per year, per parent, is 128.
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Palumbo
& Keffler, LLC

Attorneys at Law
b. Custody Determinations - Custody is determined either by agreement, or in court based on
the “Best Interest” standard. In making a decision on child custody and visitation/access, the
Court will take the following factors into consideration:
1) The fitness of the parents,

2) The character and reputation of the parties,

3) The parents’ desires,

4) Any agreements between the parties,

5) The child’s preference,

6) Opportunities each parent can give the child,

7) Age, health, and sex of the child,

8) Residences of the parents,

9) Opportunities for visitation,

10) The length of separation of the parents, and

5. Child Support11) – InWhether either


Maryland, parent
child abandoned
support the child
is determined at any
using time. The Maryland Child Support
a formula,
Guidelines. The Guidelines take into account each parent’s income, any alimony and child support paid or
received, any payments for child care, health insurance, extraordinary medical expenses and school expenses,
as well as the custody arrangement. There is a presumption that the amount determined by the Guidelines is
correct, but it may be increased or decreased if another amount would be in the best interest of the child.

This is a very brief description of how many domestic cases proceed. There are many exceptions that could change
any of the steps above. There are many additional steps and procedures that must be completed by the attorneys that
are not included here.

THIS IS FOR INFORMATIONAL PURPOSES ONLY AND IT IS NOT INTENDED AS LEGAL ADVICE OR
TO BE USED FOR ANY LEGAL PURPOSE.

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