top of page

Search Results

126 items found for ""

  • Maryland Court's Ruling on Parental Acceptance and Child Protection

    In honor of Pride Month, we wanted to discuss a new opinion issued by the Appellate Court of Maryland, C.M. v. J.M., wherein the court addressed whether or not a parent’s refusal to accept their child’s sexual orientation amounted to “mental injury” and thus abuse of a child in order to obtain a protective order to protect the child from further abuse. The court held that the parent’s actions did amount to a mental injury of a child and a protective order was granted. This is an important opinion for family law practitioners because the court seeks to define “mental injury” which is not always as easy to identify as physical abuse. The case was on appeal after the Circuit Court for Anne Arundel County entered a final protective order on behalf of a 12-year-old child to protect him from his father, on the grounds that his father mentally abused him regarding the child’s sexual orientation. The Appellate Court upheld the lower court’s ruling. In this case, the 12-year-old child identified as gay (the older child, who was not subject of the protective order is a trans male, which is also relevant). The Father of the children refused to acknowledge the older child’s gender identity and refused to call the child by the child’s preferred name. The child began engaging in self-harm, and Father’s response to the child, via text, was that Father’s “Christian beliefs are being attacked” and that Mother’s support of the child’s gender identity was “BS manipulations.” When the younger child came out as gay, Father texted the child “you are being heavily manipulated and influenced by your Mother and sister.” Note: by “sister” Father was referring to his transgender male child. He continued, “Please do not allow these demons you are surrounded by influence you.” When the younger child came out to Father, Father told him he was not gay, and that his Christian beliefs prevented him from agreeing with any LGBTQ agenda. Father texted the older child pictures of transgender males post top-surgery calling it “radical elective double mastectomy performed on healthy girls who have been sucked into a cult by groomer schools and online influencers.” Father continued to send the child offensive texts, memes, and photos that rejected the child’s gender identity. Father also sent Mother a barrage of text messages, mostly biblical references, telling Mother the end of the world is near, that Mother must repent, and that Mother has “been warned.” Child Protective Services performed an investigation, and Father disclosed to the investigator that it is because of Mother’s influence that his children believe they are transgender and gay and that his faith does not agree with the LGBT+ community. Father admitted that the only text messages he has sent the eldest child were about the child’s gender identity, and not about anything else. Father admitted that he had called the police when Mother brought the children to a Pride Parade, called a Crisis Hotline, and Legal Aid. The children were interviewed by the Judge, and the youngest child acknowledged that he was scared of Father, and worried that Father does not believe him about his sexual identity. The Judge stated that Father’s response to the child’s sexual identity was “doing a lot of damage” to the child, and “it would be damaging, mentally, if” the judge did not grant a protective order. The court found that Father “repeatedly communicated in person and through text homophobic comments and religious beliefs, causing mental injury to” the youngest child. A protective order was granted, which allowed for access between Father and the youngest child on the youngest child’s terms. On appeal, Father argued (among other things), that because he did not intend to harm the child, there was insufficient evidence to find that he caused mental injury to the child. The court rejected Father’s argument and held that Father’s actions in and of themselves were intentional, with reckless disregard as to the consequences of those actions. This is an important case for family law attorneys, because the Appellate Court of Maryland carefully outlined the history of interviewing children as part of custody, and protective order cases, and offers guidance about when and how children can be interviewed by a Judge. Also, this is an important case because although the CPS report did not indicate physical abuse, the Court still found mental abuse of a child occurred. Finally, it is significant that the court granted a protective order that included contact between the child and the respondent. The Appellate Court explained that such relief is proper, so long as the remedy outlined by the Court protects the person to be protected from further abuse. In this case, because it was a mental injury of a child, the court found it proper that access on the child’s terms would allow for future protection. If you have any questions about this opinion, or other family law matters, please contact us at info@wassermanlawoffice.com or 410-842-1070. The legal team at Wasserman Family Law is here to help guide and advocate for you. Read next: 5 Lessons for 5 Years — Celebrating Our Law Firm’s Anniversary 3 Major Changes to How You Can Divorce in Maryland—Coming This Fall 5 Co-parenting Tips for Summer 5 Ways to Prepare for Divorce Laurie M. Wasserman Receives 2023 J. Earle Plumhoff Professionalism Award Nesting – An Alternative Arrangement for Separated Parents Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter. By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.

  • 5 Lessons for 5 Years — Celebrating Our Law Firm’s Anniversary

    This article was originally published on Laurie M. Wasserman's LinkedIn here. My law office opened on May 15, 2018. I had promised to give myself a year to plan my firm, but I ended up opening after just four months. Once I decided to start my own firm, I was too excited to sleep. I spent my first day as a new business owner sitting on the floor (next time, bring a chair!) of my empty office with my laptop addressing client concerns. Just because my new business started did not mean my client’s issues were paused. By the end of the day, movers had delivered multiple boxes of office supplies I preordered (note to self—you do not need 10,000 rubber bands to start a law firm). That evening, my family joined me for a pizza celebration and to help me unpack. As we sat on metal chairs and ate off folding tables from my basement (which would later be fondly referred to as the “beer pong tables”), I proudly showed my children how “our” new business would benefit our family and other families. That way, my children knew if I was working long hours, it was in service to them and others. A few days later, Riah (my administrative assistant and now Practice Group Manager) joined me. I was thankful for the company and glad to have her by my side. The furniture we ordered finally arrived a few weeks later (thankfully, visitors had a great sense of humor when they saw the décor). Over the first year, we survived and were profitable. Years two through four, we thrived and grew. We underwent growth in revenue, staff, and office space (3 expansions to date!). In year five, we are undergoing strategic planning, looking towards the future of the firm and we are on the cusp of some very exciting things. One of the added benefits of starting a business was learning to run the business. Now, I am frequently asked by other professionals interested in starting their own businesses for advice. In honor of five years of running a successful law firm, I want to share five lessons I have learned along the way: 1. Always Give More Than You Receive This is the foundation of my business philosophy. Helping others puts you in the position of being a leader in your industry. By sharing your time, knowledge, connections, and other resources with those in need, you are helping others be successful. I cannot always explain it, but trust me, you will be rewarded. It is how I have built my business. 2. Challenges Can Reinvigorate You I knew nothing about starting a business when I decided to do it. So, I worked day and night to teach myself what I could, asked others for advice (see lesson number 1), and delegated what was not the best use of my time appropriately. I can honestly say that the challenge of running a business, while practicing law, has been the most exciting thing I have done in my career. This new challenge made me set professional and personal goals for myself that I would not have set otherwise. Do not let fear of failing at being a business owner prevent you from doing this. It should instead motivate you to work harder. 3. People Will Always Remember How You Treated Them I built my reputation and my business on professionalism. Sure, I have learned some hard lessons during my career, but I continue to return to this guiding principle of professionalism even when I am challenged by difficult personalities. If you treat others (staff, clients, your adversaries, etc.) with kindness and respect, they will appreciate and remember that. And, your demeanor will often diffuse a combative situation. No matter how old you get, the golden rule of “do onto others” still matters. 4. Do Not Get Trapped By "Paralysis of Analysis" Having never run a business, I could have debated every little decision I needed to make. And there were a million decisions to be made before I even opened my doors. I realized early on that my time and energy were better spent working on the business than fighting for the best price on my copier or deciding on a font for my letterhead. I made the conscious choice to just make a decision, and that allowed me to move one step closer to my goal. Even if I later discovered it was not the “best” decision, I could change my mind and go in a different direction going forward. Nothing I was doing was permanent, as evidenced by the fact that I have pivoted many times over the last five years. 5. Your Team Is Critical To Your Success I have the best people on my team helping me. These are not just the people in my office. They include the outside professionals I hired to advise me with regard to business decisions. You cannot and will not be able to do this alone if you want to be successful. Therefore, it is critical to find your team and empower them to help run your business. Invest in the people early and listen to them—if they are the right people they will be just as invested in your business as you are, and will want to see you thrive. There you have it. Nothing I wrote here is a proprietary secret of business. These are all the things I would tell if we were to sit down for coffee or if I ran into you at an event. But these 5 lessons have gotten me to this milestone and will continue to move me forward every day. I have big plans for the next five years, and I cannot wait to reflect on them when I write my next anniversary article. I truly thank everyone who has helped my firm and I get to this point—family, friends, my team, clients, referral sources, and the legal and professional community as a whole. You are all the reason I do this day in and out. Cheers to five years and many more! If you have any questions about running a successful law firm, or other family law matters, please contact Laurie Wasserman at laurie@wassermanlawoffice.com or 410-842-1070. The legal team at Wasserman Family Law is here to help guide and advocate for you. Read next: 3 Major Changes to How You Can Divorce in Maryland—Coming This Fall 5 Co-parenting Tips for Summer 5 Ways to Prepare for Divorce Laurie M. Wasserman Receives 2023 J. Earle Plumhoff Professionalism Award Nesting – An Alternative Arrangement for Separated Parents What to Expect When Working with a Paralegal Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter. By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.

  • 3 Major Changes to How You Can Divorce in Maryland—Coming This Fall

    The Maryland General Assembly passed a few significant bills this year that will have major effects in the family law arena. These new laws will take effect October 1, 2023. 1. Divorce Getting a divorce in Maryland is about to get a lot easier and quicker. Maryland has simplified the various grounds (i.e. the basis for the request) a person must establish to get divorced. The new law removes fault-based grounds for divorce such as adultery, desertion, and cruelty of treatment, and adds the new ground of “irreconcilable differences” (which is not defined by law). Mutual consent remains a ground under the new law if the parties agree to divorce and have a signed settlement agreement resolving all issues. For those who obtain a divorce on the grounds of physical separation, the separation requirement has been changed from 12 months apart to 6 months, and it allows spouses who reside under the same roof, but pursue different lives, to still be considered separated. Previously, couples had to live separate and apart in separate abodes to be considered separated. The law also removes the court’s authority to grant a limited divorce, which was like a legal separation but did not resolve all property issues; all proceedings will soon be absolute (final) divorces. If you filed for a limited divorce, you could amend your filing to seek an absolute divorce orally in Court (with the other side’s consent), or in writing, after October. The changes mean more people will more easily qualify for a divorce and will be able to obtain them faster. There will now only be three grounds for divorce: (1) irreconcilable differences; (2) separation, if the parties have lived separate and apart for 6 months; and (3) mutual consent if the parties submit an agreement that resolves all issues. This new law will be found in the Annotated Code of Maryland, Family Law Article Section 7-103. 2. Child Abduction Under this new law, child abduction has now been redefined as “the wrongful removal or wrongful retention of a child.” A wrongful removal or wrongful retention occurs when the taking or retention of a child breaches another’s custody or visitation rights. The court will have the authority to order child abduction prevention measures if it finds there is a credible risk of abduction of the child, including allowing a prosecutor to seek a warrant to take physical custody of a child. The law specifies factors the court must consider in deciding whether a child’s risk of abduction is credible. If the court passes an abduction prevention order, the order can include travel restrictions to the offending party, prohibiting the party from removing the child from school or daycare, and placing the child’s name in the U.S. Department of State’s child passport issuance alert program, among other remedies. This law is a huge step forward toward the safety of Maryland’s children. However, anyone who files a petition under this law in bad faith will be subject to the other party’s legal fees. This new law will be found in the Annotated Code of Maryland, Family Law Article Section 9.5-101. 3. Child Relocation While not quite an abduction, the threat of one parent relocating a child is still anxiety-inducing to the other parent. This law requires the court to schedule an expedited hearing if a parent proposes relocating a child that would “significantly interfere” with the other parent’s predetermined parenting time schedule. Previously, a parent had to rely on an emergency filing (alleging threat of harm to the child) to get the expedited hearing, which is a high bar to clear, and those petitions were often denied. Now a proposed relocation will get a quick hearing to get the matter addressed. This will be a very helpful law for parents who are concerned that the other side will pick up and move the children without any recourse. This new law will be found in the Annotated Code of Maryland, Family Law Article Section 9-106. If you have any questions about the new laws taking effect on October 1, 2023, or other family law matters, please contact Laurie Wasserman at laurie@wassermanlawoffice.com or 410-842-1070. The legal team at Wasserman Family Law is here to help guide and advocate for you. Read next: 5 Co-parenting Tips for Summer 5 Ways to Prepare for Divorce Laurie M. Wasserman Receives 2023 J. Earle Plumhoff Professionalism Award Nesting – An Alternative Arrangement for Separated Parents What to Expect When Working with a Paralegal 3 Co-parenting Tips for the Holidays Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter. By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.

  • 5 Co-parenting Tips for Summer

    The end of the school year is fast approaching, which means that many custody schedules will be changing for the summer. Oftentimes parenting plans and court orders have different physical custody schedules set up for the summer because children’s schedules are different in the summer. Here are some quick things to consider now, before the summer begins: 1. Look at your Court Order, Parenting Agreement, etc. to see if your child’s physical custody schedule is different in the summer. 2. If there is a different summer schedule, check to make sure you and your co-parent are on the same page about when the “school year” schedule ends, and when the “summer schedule” begins. Also, make sure you are on the same page about when the “summer schedule ends” and when the “school schedule” begins again. Despite everyone’s best efforts, and all of the planning that goes into drafting Court Orders, Parenting Agreements, etc., it is not always clear. 3. If the schedule is not different, think ahead if you will need additional childcare during the summer, or if the transition location needs to be altered. For example, many Court Orders, Parenting Agreements, etc. have one parent dropping the children off at school on one day, and the other parent picking them up after school that same day. That might not be an option during summer vacation from school. The sooner you can think this through, the easier any change will be on your child. 4. Look to see if your Court Order, Parenting Agreement, etc. has any provisions regarding travel and vacations. Many parenting plans have provisions that each parent can take an extended vacation with the children during the summer. Check to see if your Court Order, Parenting Agreement, etc. has such a provision, and what steps each parent is supposed to take regarding scheduling the vacation, passports, limitations, itineraries, and any advance notice that is to be provided to the other parent. (Note that even if your Court Order, Parenting Agreement, etc. doesn’t explicitly say you are to provide this information to the other parent, it is a nice thing to do, and something you would want in return!) 5. Many children attend summer camp in the summer. If your children attend summer camp, once again, look to your Court Order, Parenting Agreement, etc. to see if there are any provisions regarding scheduling camps, and paying for camps. Also, think ahead to consider if the camp schedule will impact the transitions between homes. As always, if you run into issues interpreting your Court Order, Parenting Agreement, etc., you can always contact a Parent Coordinator or utilize the services of a mediator. Now is the time to address any issues regarding interpretation, and not on the last day of school. Your children will want a clear understanding of what they can expect during the summer, so the sooner you and your co-parent get on the same page regarding summer vacation, the better for your children! If you have questions about parent coordination, please contact Laurie Wasserman at laurie@wassermanlawoffice.com or 410-842-1070. The legal team at Wasserman Family Law is here to help guide and advocate for you. Read next: 5 Ways to Prepare for Divorce Laurie M. Wasserman Receives 2023 J. Earle Plumhoff Professionalism Award Nesting – An Alternative Arrangement for Separated Parents What to Expect When Working with a Paralegal 3 Co-parenting Tips for the Holidays How to Keep Legal Fees Down in a Family Law Case Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter. By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.

  • 5 Ways to Prepare for Divorce

    No matter your circumstances, divorce can be scary. Maybe you are ready to leave your marriage, and you are scared to tell your spouse. Maybe your spouse has just told you they don’t want to be married anymore. Maybe you both have been cohabitating awkwardly, and both of you are too scared to acknowledge the elephant in the room. Whether you are wanting to leave, or being left, or even if the decision to separate is amicable and mutual, there are many unknowns that can make the process feel scary. This blog is intended to help you focus on the big picture and give you some tips and pointers on how to prepare for divorce. 1. Address "The Big Three" Generally speaking, the “big three” things that need to be addressed as part of any divorce are asset division, custody, and financial support. You don’t need to know all the answers, but if you can start categorizing your concerns, they will generally fall under one of these three categories. Start thinking about what your goals are for each one. 2. Have Access to Money If you and your spouse have all joint accounts, now is the time to establish your own account. If you cannot establish your own checking or savings account, get a credit card. You are going to want to be able to be in control of your own finances and have access to money to pay for necessities. 3. Consider What Will Happen to Your Home If you own a home, start thinking about what is going to happen to it in the divorce. Do you want to keep it? If so, can you qualify for a refinance of the mortgage with just your income? If you can figure that out now, you’ll know what your options are further down the line. 4. Figure Out Your Monthly Budget Going from a two-income household to one will be challenging, no matter what your income is. Start figuring out what your monthly budget is, and if your income can support it. This information will be helpful in figuring out your next step, but it will also be required if the divorce ends up being litigated. 5. Seek Support Lean on your support system and seek out professional help if you are feeling depressed or overwhelmed. Even in the most amicable of separations, it is likely that you will experience a wave of emotions. Some days will be harder than others. Many clients describe going through the stages of grief during their divorce. An attorney is going to help you sort of the legal piece of your divorce, but it takes a village, and this will be the time to reach out to friends and find someone to talk to who can help you transition through the emotional part of the divorce and separation. If you have questions about divorce, please contact Laurie Wasserman at laurie@wassermanlawoffice.com or 410-842-1070. The legal team at Wasserman Family Law is here to help guide and advocate for you. Read next: Laurie M. Wasserman Receives 2023 J. Earle Plumhoff Professionalism Award Nesting – An Alternative Arrangement for Separated Parents What to Expect When Working with a Paralegal 3 Co-parenting Tips for the Holidays How to Keep Legal Fees Down in a Family Law Case Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter. By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.

  • Laurie M. Wasserman Receives 2023 J. Earle Plumhoff Professionalism Award

    Last month, Laurie M. Wasserman was selected by the Baltimore County Bar Association as the 2023 recipient of the prestigious J. Earle Plumhoff Professionalism Award! The award was announced at the BCBA Banquet on January 26, 2023 and will be presented on February 16, 2023 at the BCBA’s Stated Meeting. Awarded to one member per year, the Professionalism Award celebrates someone who has been a member of the BCBA for at least five years, has made significant contributions to BCBA activities, and has high marks for integrity, dignity, civility and principles recognized by the BCBA Code of Professionalism. Please join us in congratulating Laurie! Learn more about what Wasserman Family Law can do for you. Contact us today at 410-842-1070. If you have questions about divorce, please contact Laurie Wasserman at laurie@wassermanlawoffice.com or 410-842-1070. The legal team at Wasserman Family Law is here to help guide and advocate for you. Read next: Nesting – An Alternative Arrangement for Separated Parents How to Keep Legal Fees Down in a Family Law Case The Easiest Way to Divorce If You and Your Spouse Agree 5 Tips for Successful Co-Parenting New Year’s Resolutions for Co-parents Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter. By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.

  • Nesting – An Alternative Arrangement for Separated Parents

    Have you and your spouse made the decision to separate but cannot decide who will leave the family home? One option some families consider is a nesting arrangement. Here is what you need to know about nesting: What Is Nesting? Nesting is a living arrangement where the children stay in the family home full time while the parents alternate residing in the home with them. For nesting to work, each parent must have another place to temporarily reside during the other parent’s custodial time. Nesting can be a short-term or a long-term solution depending on the family dynamics. Why Nest? Frequently when parents separate, the children must transfer between two different households. Nesting provides more stability for children since they never have to move. The children have their belongings in one place and the adults—as opposed to the children—come and go from the family home. There are certain advantages to nesting. A nesting arrangement allows a quick physical separation, which may help if physical separation is needed for divorce grounds or if the current living situation is very contentious. Another advantage is that if the parents have financial constraints which prohibit them from supporting two separate households, this is a good temporary solution until each parent can establish his or her own residence. What Are the Downsides to Nesting? Nesting typically requires three households: the family home where the children stay, and a separate residence for each parent. Unless you can stay with family or friends during your off time, you may need to pay for a separate home in addition to the regular expenses of maintaining the family home. This can be expensive. Aside from the financial considerations, nesting might mean you and your spouse must communicate more often. You will probably need to discuss the family home’s expenses, repairs, and general upkeep. And because you both live in the same home part-time, each of you will have belongings that stay at the family home. You will need to be able to respect each other’s personal property while the other is not there. How Can You Mitigate the Downsides? If you think nesting is right for your family, you can take certain actions that will help keep the peace. You and your spouse should communicate in writing and use a shared calendar for events that relate to the children and family home. To avoid confrontation, you might arrange transitions so that the other parent is not present when it is your turn to come back to the home. Each parent can also have his or her own dedicated space in the home that is off limits to the other parent where they can store their personal belongings. Finally, having a written agreement with the custody/nesting schedule as well as other rules of the house (i.e., housekeeping, third persons in the house, security cameras, etc.) in place will help resolve problems. An experienced family law attorney can draft a detailed agreement that anticipates nesting issues. Wasserman Family Law can help you decide whether nesting is right for your family and, if so, work with you to create a nesting agreement. Contact us today at 410-842-1070. If you have questions about divorce, please contact Laurie Wasserman at laurie@wassermanlawoffice.com or 410-842-1070. The legal team at Wasserman Family Law is here to help guide and advocate for you. Read next: What to Expect When Working with a Paralegal 3 Co-parenting Tips for the Holidays How to Keep Legal Fees Down in a Family Law Case The Easiest Way to Divorce If You and Your Spouse Agree 5 Tips for Successful Co-Parenting Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter. By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.

  • What to Expect When Working with a Paralegal

    In our Firm, you may have the chance to work with our Paralegal on preparing documents for filing with the Court or on discovery, which is when each side exchanges written answers to questions or documents. This article helps you understand what a Paralegal does—and does not—do and how a Paralegal can be a resource to you during your case. A Paralegal is qualified by education, training or work experience, who performs specifically delegated substantive legal work for which a lawyer is responsible. Although a Paralegal is a legal professional, a Paralegal is not an attorney, and therefore cannot provide any legal advice. However, a Paralegal is extremely well versed in litigation procedures. Paralegals are key professionals in your case, and work closely with the attorney staffed for your case. Paralegals will often draft pleadings, gather evidence for the case, organize documents provided by you and the other party, prepare exhibits for trial, and work one-on-one with clients on specific case tasks. A Paralegal’s work is very important to the success of your case. A Paralegal is a resource to clients in many ways. One of the most important is helping clients adhere to important case deadlines. For example, if a client must answer Interrogatories (written questions that must be answered under oath), the Paralegal will give a deadline for providing a draft Answer. Paralegals also work diligently with clients to help prepare Financial Statements to be filed with the Court, as well as Joint Statements of Parenting Time and Property, which are required to be filed in litigation. The Paralegal will email frequently to offer to help the client with the assigned tasks, especially if the Paralegal senses the client is feeling overwhelmed. Paralegals can also meet with clients to work directly on preparing the document needed in his or her case. Clients should expect the Paralegal to be sympathetic about the issues of the case, especially in family law. Paralegals understand that litigation is stressful and time consuming. The Paralegal is trying to make tasks easier (and often less expensive) for a client and time spent with a Paralegal can accomplish a great deal of work in their case. For clients who are uneasy working with a Paralegal because they are not attorneys, it is important to remember Paralegal are educated, trained, and knowledgeable in their field, and serve a vital role in the litigation process. If you have questions about litigation, and how our Firm supports clients in their cases, please contact Laurie Wasserman at laurie@wassermanlawoffice.com or 410-842-1070. The legal team at Wasserman Family Law is here to help guide and advocate for you. Read next: 3 Co-parenting Tips for the Holidays How to Keep Legal Fees Down in a Family Law Case The Easiest Way to Divorce If You and Your Spouse Agree 5 Tips for Successful Co-Parenting Who Decides Your Family Law Case: Judges vs. Magistrates Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter. By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.

  • 3 Co-parenting Tips for the Holidays

    The winter holidays are upon us, and for many parents, that means a deviation from the regular custodial access schedule. While it can be a time of fun and excitement, for children whose parents live apart, the holidays can also be stressful. To make sure you and your children enjoy the holiday season, here are some co-parenting tips to keep in mind: 1. Think About How the Holiday Schedule Impacts the Children Most parents want to celebrate holidays with their children. While some parents choose to transition between homes on the actual day of the holiday, other parents decide to alternate the entire holiday annually. For parents who split the day of the holiday, try to see things from your children’s perspective. When you were young, did you like to stop what you were doing to sit in the car and go somewhere else? Your children may share those feelings, especially if they are very young. When children transition between homes, it often requires a lot of physical and emotional preparation on their part. Physically, the child must move from one location to another. Emotionally, the child must go through two celebrations in one day: two meals, two sets of family, and two waves of excitement. This can prove to be exhausting for children (and adults!). Keep that in mind if you are considering a schedule where the children transition—sometimes multiple times—over a 24-hour period, set reasonable expectations in case your child is tired, cranky, or overwhelmed. If you alternate the holiday, remember that your children can be equally excited to celebrate with you and your side of the family no matter the day. The holiday is more of a feeling of togetherness than just a day on the calendar. You can use this opportunity to create new traditions with your children and give them even more things to look forward to each holiday season. 2. Consider Family Traditions When deciding on a holiday schedule, it is important to consider how each side of the family celebrates the holidays. For example, can you trade off one important holiday for another each year? Or does one side need to travel to see extended family that your children look forward to seeing? If you share the actual day of the holiday, keep in mind the timing of family celebrations and times of worship. It is unavoidable that your children will miss some part of the celebrations, but hopefully, you and your extended family can accommodate so the children can attend the most important ones. Try to focus on the time you do have with your children, instead of the things the children will miss. 3. Address Holiday Schedules Early Every year, you know when the winter holidays will fall. There is no reason to wait until one week before to start the discussion of the holiday schedule. Even if your Custody Order or Parenting Plan is clear, check in with the other parent to make sure you are both on the same page. If there is ambiguity or confusion in your Order or Parenting Plan, raise the issue early so you and your extended family can begin planning. If you cannot reach an agreement, consider mediation or Parent Coordination to resolve the dispute. Some courts also have special dockets assigned to resolve holiday disputes in active litigation cases. If you have questions about co-parenting or Parent Coordination services, please contact Laurie Wasserman at laurie@wassermanlawoffice.com or 410-842-1070. The legal team at Wasserman Family Law is here to help guide and advocate for you. Read next: How to Keep Legal Fees Down in a Family Law Case The Easiest Way to Divorce If You and Your Spouse Agree 5 Tips for Successful Co-Parenting Who Decides Your Family Law Case: Judges vs. Magistrates The Differences Between a Peace and Protective Order for Abusive Circumstances Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter. By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.

  • How to Keep Legal Fees Down in a Family Law Case

    If you find yourself in contested litigation, you know how expensive the process can get. In family law, not only are you managing emotions, but you are managing your legal fees as well. Here are 5 tips to help try to keep your legal fees down in a family law case. 1. Gather documents promptly Most family law cases, especially contested divorce, are document intensive. You will go through the “discovery” process, which is when both sides exchange relevant documents and answer questions under oath. Aside from the trial itself, discovery is typically the most expensive part of litigation. Depending on the circumstances of your case, the relevant documents needed could be several years’ worth of financial documents such as bank statements, tax returns, retirement statements, etc. You may also need to provide years’ worth of text messages and emails between you and the other side. If children are involved, you may need to provide school records, medical records, and photographs. You should start gathering these documents as soon as your case begins and provide them fully and promptly when requested. When your attorney must follow up with you about documents, it increases your fees. 2. Be organized If the documents you provide are not organized, your attorney will need to organize for you before providing them to the other side in a way that complies with the law. So, if you bring in a box of random documents that are not sorted, your attorney will need to spend time putting them in order. Organize your documents in a logical way (ex: chronological order by request) before sending them to your attorney. 3. Convert digital documents to PDFs It is very difficult to use screenshots or photographs of documents in discovery because we need the actual document. So, take the time to convert your documents to a PDF before sending them. If you don’t have access to a scanner, you can bring the physical documents to your attorney’s office. Most attorneys would rather scan the documents themselves than be emailed hundreds of screenshots to sort through and try to organize. 4. Invest in a text message software Use a software such as iMazing or Decipher to export an entire text message thread into one PDF. Some attorneys have this software available at their office, but if you do it yourself at home, you save that time the attorney would spend uploading your texts. If you send hundreds of screenshots of texts, it will cost you more than the cost of the text software. 5. Label files accurately If you email dozens of files that are unnamed or are named a random sequence of letters and numbers, your attorney needs to spend time deciphering each file is and naming it accordingly. Naming each file before you send to your attorney saves them time and saves you money. Remember, most attorneys bill their clients on an hourly basis. This means that every time they have to do substantive work on your case, you pay for it. If you put the time into your own case, it will reduce the amount being billed. If you get overwhelmed, notify your attorney, and see how they can help you. We do this type of work all the time. If you have questions about family law cases, including discovery, please contact our office to inquire about further information regarding family law hearings and appeals. The experienced family law attorneys at our firm are here to help guide and advocate for you. Read next: The Easiest Way to Divorce If You and Your Spouse Agree Who Decides Your Family Law Case: Judges vs. Magistrates The Differences Between a Peace and Protective Order for Abusive Circumstances What Information to Include in Your Financial Statements for Divorce or Child Support in Maryland How to Recover Home Payments From Your Ex Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter. By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.

  • Who Decides Your Family Law Case: Judges vs. Magistrates

    In Maryland courts, family law cases play out much differently than they do on the big screen. For those unfamiliar with the process, there are no juries involved in Maryland family court. Instead, only one person makes the decision in family law cases that go to trial--a judge or a family law magistrate. In this blog post, we highlight the primary distinctions between magistrates and judges, the differences in their authority, and what families may expect from upcoming court hearings. The Authorities of a Judge The role of a judge is to preside over trials, interpret laws, and issue rulings on matters pending before the court. Generally, judges are regarded as the highest level of authority in court. During family law trials, a judge will rule on objections, consider evidence, and make the ultimate decision in the matter brought to the court. Only judges have the authority to enter court orders. The Authorities of a Family Law Magistrate Magistrates in Maryland circuit courts serve a vital role. Unlike judges, who are appointed by the Governor or by an election, Magistrates are employees of the Maryland Judiciary and serve at the pleasure of the Court. Magistrates only hear family law related cases, which helps the courts process the high number of domestic cases that are filed every year. Like judges, magistrates preside over trials, rule on objections, consider the evidence, and make a decision on a case. Despite being an authority in the court, magistrates are not judges, and therefore cannot sign court orders. Instead, magistrates make written “reports and recommendations,” which can become a court order after being sent to a judge for signature. What Types of Cases are Heard Before Magistrates and Judges? Although each court has the authority to determine what types of cases a magistrate will preside over, they generally hear the following: No-fault divorces Temporary (pendente lite) alimony, child support, custody, and use and possession of the family home cases Modification of custody, alimony, and child support cases Contempt cases While judges have the authority to hear all the same cases that a magistrate can hear, they typically do not. Instead, judges preside over other family law cases, including, but not limited to: Contested divorces Custody establishment cases Child support establishment cases Alimony establishment cases Cases involving division of real or personal property Adoptions Domestic violence petitions Multi-day trials of any family law area What is The Difference Between a Magistrate’s Hearing and a Judge’s Hearing? All family law hearings essentially follow the same structure, regardless of whether they are under a judge or a magistrate. Both a magistrate’s hearing and a judge’s hearing require the parties to follow the rules of evidence. The moving party (plaintiff) puts on their case first, followed by the non-moving party (defendant). Both parties are allowed to provide opening and closing statements. In both cases, exhibits are entered into evidence, witnesses can be called to testify, and cases are “on the record” meaning they are recorded and can be transcribed. The primary difference between a judge’s hearing and a magistrate’s hearing is the power of their final decisions. When a judge makes a final decision after weighing all the evidence, the decision becomes a court order. When a magistrate weighs all the evidence, they can only decide upon a legal “recommendation” to be sent to a judge for signature. After a magistrate’s recommendation is issued, each party is permitted 10 days to file “exceptions.” Exceptions are like appeals, but rather than appealing a court order to a higher court, exceptions are heard by a Circuit Court judge to determine if the magistrate made a mistake in their recommendation. If neither party files exceptions to the magistrate’s recommendation, the recommendation turned into a court order and sent to a judge for signature after the 10-day waiting period. What If I Am Unhappy with the Ruling? For those who had their case heard before a judge and are unhappy with the judge’s ruling, you are permitted to: File a motion for a new trial File a motion to alter or amend the order Request an en banc review of the case File an appeal to a higher court Generally, these requests must be filed within 10 days of the entry of an order. An appeal must be filed within 30 days of the entry of an order. For those who are unhappy with a magistrate’s recommendation and would like to file exceptions, you must explain in detail what error the magistrate made in making their recommendation. From the court’s perspective, the facts of the case are presumed to be correct and are rejected only if unsupported by the record. After you file exceptions, a judge will review and determine if any of the exceptions should be granted or denied. Judges have the authority to decide on exceptions based solely on the written filings but may also request a hearing before deciding. Depending on the circumstances, judges can remand the case back to the magistrate. Following the review of an exception, judges can either enter an order that differs from the magistrate’s recommendation or deny the exception and enter the magistrate’s recommendations into an order. When navigating a family law case, it’s important to have the right representation. Please contact our office to inquire about further information regarding family law hearings and appeals. The experienced family law attorneys at our firm are here to help guide and advocate for you. Read next: The Easiest Way to Divorce If You and Your Spouse Agree Understanding the Recent Changes to Maryland’s Child Support Law The Differences Between a Peace and Protective Order for Abusive Circumstances What You Need to Know About Prenups in Maryland Maryland Court Issues Important Decision Regarding Child Support Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter. By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.

  • The Differences Between a Peace and Protective Order for Abusive Circumstances

    October is Domestic Violence Awareness month, a time to support survivors, be a voice for victims, and mourn those who have passed at the hands of a partner. At Wasserman Family Law, this month is a time for us to remind you that we are here to help when legal actions are necessary to ensure the safety of you or a loved one. For those in Maryland who are suffering from domestic violence, intimate partner violence, or abuse from a stranger, the law offers specific protective measures. In this post, we will focus on two measures in particular: Peace Orders and Protective Orders. Both Peace Orders and Protective Orders are civil orders issued by a judge. They are different in nature and are used for specific circumstances, which we explain below. What is a Protective Order? Protective Orders are issued to protect people from ongoing domestic abuse. These court-issued orders place legal limitations on the actions of abusers in relation to their victims. Failure to follow the guidelines of a Protective Order can lead to arrest, fines, and other legal action. Protective Orders can be requested in either District or Circuit Courts. However, to be eligible for a protective order request, a person must meet one of the following qualifications: The person is either currently married, divorced, or separated from their abuser. The person resides with their abuser. The person is related to their abuser, either by blood or by adoption. The person has engaged in a sexual relationship with them in the past year. The person is a co-parent with their abuser. The person has been sexually assaulted by their abuser. Protective Orders can help create space between a person and their abuser. Here are a few examples of immediate, short-term restrictions granted by a Protective Order: The abuser is forbidden from contacting you in any form, including in-person, phone calls, texts, emails, and letters. The abuser is ordered to move out of your shared living space. The abuser is ordered to surrender all firearms to law enforcement for the duration of the order. Following the final Protective Order issued by the court, abusers may also be required to attend regular counseling sessions and provide emergency financial support to their victims and family. Final Protective Orders generally last one year but recipients of the Protective Order are permitted to file for a modification of their Protective Order for any period before the order’s expiration. These modifications can include requests for an extension or termination of the order. What is a Peace Order? Those who do not qualify for a Protective Order may be able to request a court-issued Peace Order instead. As opposed to Protective Orders, Peace Orders are issued against those who do not qualify as romantic partners, sexual partners, or family members. This can include friends, acquaintances, neighbors, and strangers. Peace Orders can be obtained at the District Court. Before receiving a Peace Order, there must be testimony and evidence supporting the reasoning behind their request to a judge or commissioner. The Court may grant a Peace Order for the following qualifying actions: Assault False imprisonment Harassment Stalking Trespassing Malicious destruction of property Misuse of telephone or electronic communication Revenge porn Criminal visual surveillance Peace Orders must be filed within 30 days of the act occurring. Immediate consequences of a Peace Order can involve the victimizer being restricted from contacting or coming within a certain distance of the individual who filed the order. Peace Orders are in effect for up to six months. We understand that confronting domestic violence, abuse, and harassment can be incredibly challenging and even possibly life-threatening. But professional help and resources are available for those in need. If you require immediate assistance with a domestic abuse situation, please call the local authorities, or National Domestic Abuse Hotline at 1-800-799-7233 or text LOVEIS to 22522. If you are living in the state of Maryland and require safe housing, please contact the House of Ruth for assistance at 800.799.SAFE, or the Family Crisis Center of Baltimore County at 410-285-7496. For further information on Protective and Peace Orders, contact our office . The experienced family law attorneys at our firm are here to help guide you through the process of filing for a peace or protective order while ensuring your safety. Read next: Important Security Measures to Take Before, During, and After Divorce Domestic Abuse & The Holidays Domestic Violence Survivors: You Are Not Alone How Netflix Show “Maid” Compares to Real-Life Domestic Abuse Cases What to Do if Your Co-Parent is Suffering from a Substance Use Disorder (Or is Suspected of One) Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter. By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.

bottom of page