By Nancy Grimm
Special to the AFRO
Preparing for a custody proceeding can be overwhelming and scary. Here are several steps to make the process easier.
Once you have filed or been served with a complaint for custody, it is important to begin preparing for your case as soon as possible. There are basic steps that you can take to prepare.
One critical component is discovery – the process of getting information from the other party (your spouse) before trial. Discovery is a legal tool each party can use to strengthen their case. Through discovery you may request information and documents from your spouse to use as evidence at trial. Discovery can be acquired by requesting certain documents or by asking questions of the other party, either in writing (interrogatories) or in person (deposition). Below are some excellent links to assist you in preparing your case through the discovery process.
• Discovery in the Circuit Court (mdcourts.gov)
• Preparing Your Case (peoples-law.org)
• Court Proceedings: What to Know Before You Go (mvlslaw.org)
If you are seeking child custody, you should consider the following in preparation for your custody court proceedings:
Prepare a Parenting Plan
This plan is required by the court and will help both parents determine how the children will spend their time with each parent following a divorce or separation. This plan is usually provided to the parents at the first court hearing. By reviewing the Maryland Parenting Plan Tool ahead of time, you can familiarize yourself with the various child custody schedules and consider what would be in the best interest of the children. See Parenting Plans (mdcourts.gov).
If there are contested issues, you may want to review the Joint Statement of The Parties Concerning Decision Making Authority and Parenting Time, which is also a requirement for filing. See CC-DR-110 (mdcourts.gov), which will assist the court in determining child access.
Establishing Child Support
The parent who has physical custody of the children will receive child support from the other parent. If you and your spouse do not agree on child support, you will need to provide the court with the following information about monthly income and expenses:
- Total income before taxes
- Child support paid for other children
- Alimony paid to former spouses
- Alimony received from former spouses
- Health insurance premium for your children
- Work-related child-care expenses
- Extraordinary health expenses
- School and transportation expenses
It is important that you consider income from all sources, including wages, tips, self-employment and government benefits (e.g., Social Security, unemployment, disability). You will need proof of each source of income, such as recent pay stubs, W-2s, 1099s or Social Security benefit reports. You should not include public assistance benefits such as the Supplemental Nutrition Assistance Program or Aid to Families with Dependent Children.
“Extraordinary medical expenses” include any uninsured expenses over $250 per year, including things like orthodontia, medical care for chronic health conditions and mental health counseling. “School expenses” include only K-12 education that is required to meet the children’s particular educational needs. “Transportation expenses” include the anticipated cost of transporting the children between the homes of each parent. See CC-DR-030 (mdcourts.gov).
To speak to an attorney about your situation or for help with completing forms, call the Maryland Family Law Hotline at 1-800-845-8550 or visit the Family Law Self Help Center located in the Maryland Circuit Court where you will open your case or file your response.
For additional information and court forms pertaining to child support, custody and visitation, and for instructions on how to complete the forms, visit Family Law Court Forms (mdcourts.gov), The People’s Law Library of Maryland (peoples-law.org) and the Maryland Custody & Divorce Client Workbook (peoples-law.org).
Nancy Grimm, Esq., is a family law attorney with Maryland Volunteer Lawyers Service.
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