HOW
DOES THE COURT CONSIDER WHAT IS IN THE BEST
INTEREST OF THE CHILD? |
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The court considers many things
when deciding what is in your best interests,
such as:
- Your parents' willingness to share custody.
- Whether each parent is fit to have custody. For example,
if one of your parents has a drug or alcohol addiction,
then they may be considered unfit to have custody of
you. The court also may consider abuse against you by
a parent, step-parent, or other person living in the
house with you, including other kids.
- Your relationship with your parents.
- Where you want to live.
- How stable your school and social life is where you
currently live.
- How close your parents live to each other, your other
family members, your school, and your friends.
- Your parents' work schedules.
- How old you, your brothers and sisters are.
- Whether a parent can provide for you financially
while you are living with them.
- The benefit to your parent while you are living with
them.
- Which parent cared for you more while you were living
together (such as who cooked meals for you, took you
to doctor's appointments, drove you to school, bought
your clothes, attended school events, and helped you
with homework).
- Whether a parent walked out and left you with someone
else.
- Whether one parent has strong religious views that
will affect your physical or emotional well-being.
| WHAT
IS CUSTODY? |
|
Custody is the right granted by a court
to one or both parents to care and guard for their children
when parents legally separate. There are two types of
custody: legal custody and physical custody. If your parents
cannot agree on how to divide legal custody and physical
custody, the court has to make the decision.
- Legal custody: The parent
with legal custody has the right to make decisions about
your education, your religious training, discipline,
medical care, health, and general welfare. These are
the different types of legal custody arrangements:
Joint legal custody: parents
share control of your upbringing and making decisions
about your health, welfare, and education. For example,
both of your parents would have to consent for you to
take medication, attend a particular school, see a counselor,
or get a tattoo.
Sole legal custody: only
one parent has right to make decisions about your upbringing,
health, welfare, and education. They do not have to
discuss the decisions with the other parent. For example,
you want to get a tattoo and your father has sole legal
custody. If he says you cannot get a tattoo, then you
cannot get permission from your mother.
Joint legal custody with tiebreaking
authority: both parents share control over making
decisions, but if they disagree, someone has the authority
to break the tie. This person could be one of your parents
or another person that both of your parents agree can
be the tiebreaker. For example, if both of your parents
have a good relationship with your grandmother or an
aunt, that person can be the tiebreaker when your parents
disagree.
- Physical custody: The
parent with physical custody is the one that you will
live with. These are the different types of physical
custody arrangements:
Sole physical custody with visitation
to one parent: you will live primarily with one
parent, but you will spend a few overnights with the
other parent every month. For example, you could live
at your mother's house, but visit with your father every
other weekend from Friday evening until Sunday evening.
Shared physical custody:
you spend at least 35% of your overnight time with one
parent and the rest of the time with the other parent.
For example, you could alternate staying with each parent
on a weekly basis or you could spend the entire summer
with one parent, but live with the other parent during
the school year.
Split custody: if you
have a brother or sister, the court can order that you
live with one parent and your brother or sister live
with the other parent. Splitting you apart like this
is rare. The court considers your age and where you
want to live before making a decision like this.
Temporary Emergency Custody:
this type of custody allows the court to take over the
case if you have been abandoned by your parents or if
you have been a victim of abuse or threatened with abuse.
| WHAT
IS VISITATION?
|
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Once the court decides who has physical
custody, a visitation schedule is set up for the parent
who does not have physical custody. The visitation schedule
can depend upon your parents' work schedules, your school
and extracurricular activity schedule, and other factors,
like how far your parents will have to drive.
Supervised
Visitation: Sometimes, the court can decide that
visitation can only happen if there is another person
supervising your parent. This person is usually a friend
or a relative that your parents agree will act as the
chaperone. There are also visitation centers where your
parents can arrange for you to meet for visitation.
It is rare that the court orders parents to use the
visitation center. Visitation center hours are limited,
so a typical visit lasts only a couple of hours.
Monitored Exchanges: When your parents do not
get along , they can make visitation arrangements at a
neutral center. One parent brings you to the neutral
center and the other parent picks you up for your visit.
When the visit is over, your parent will drop you off at
the center and your other parent will pick you up. As
your parents drop you off and pick you up, staff at the
center observe the exchange to make sure everything runs
smoothly.
| WHO
CAN BE AWARDED VISITATION? |
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Either biological parent can be awarded
visitation. Also, grandparents (even when the parents
weren't married or are not currently divorced) and step-parents
may be awarded visitation rights.
| WHEN
CAN VISITATION BE DENIED? |
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The court has the power to deny visitation.
Normally the court will only stop visitation for a certain
time or until a certain task is performed. For example,
the court can stop visitation if one of your parents has
not met their financial obligation.
WHAT
HAPPENS WHEN THERE IS A VIOLATION OF A CUSTODY ORDER
OR AGREEMENT? |
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A parent can be found in
contempt. The parent who violated the agreement or order
can be:
- fined - this is when they are required
to pay money;
- imprisoned; or
- asked to provide make-up visitation
to the parent who could not meet with you.
If there is a court order
or agreement in place, a parent cannot:
- keep you from seeing the other parent;
- abduct you, take you away, or hide you
from the other parent If
you think that you may have been abducted, you should
report this to the local police; or
- prevent you from contacting the
other parent.
| WHAT
IF I AM AFRAID OF ONE OF MY PARENTS? |
|
You can ask the court for supervised visitation
either with another person present or at one of the supervision
centers. You can also contact the Department of Social
Services, Child Protective Services, or any domestic violence
shelter, if you are a victim of child abuse.
Here are some useful websites that
can help you:
http://www.dhr.state.md.us/county.htm
- this is a website providing links to all Maryland Local
Departments of Social Services
http://www.dhr.state.md.us/how/abuse/childabs.htm
- this is the Maryland Department of Human Resources website
concerning Child Abuse and Neglect
http://www.dhr.state.md.us/how/abuse/violence.htm
- this is the Maryland Department of Human Resources website
concerning Domestic Violence
| WHAT
IF I DO NOT WANT TO SEE ONE OF MY PARENTS? |
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If your parents currently are in court over
your custody, you can ask to speak with the judge directly
at the hearing. If the judge considers you sufficiently
mature, he or she may agree to speak with you. The conversation
is usually in an interview away from your parents and
their attorneys. You can privately tell the judge your
reasons for wanting to live with one parent or another,
your relationship with each of your parents, and the current
living situation. The court generally does not force children
to visit with their parents. However, if you decide not
to visit, the parent you are living with could be found
in "contempt." This means that they did not
follow the custody order. They will have to explain to
the court that you do not wish to visit with the other
parent.
WHAT
IF I AM 16 YEARS OLD AND THERE IS A CUSTODY ORDER
THAT I WANT TO CHANGE? |
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You can petition the court yourself. You
do not need your parents' permission to file a petition
to change custody. You may want an attorney though (see
below). If you petition the court, the court must hold
a hearing to listen to your concerns.
| WHAT
IS GUARDIANSHIP AND HOW DOES IT AFFECT ME? |
|
A guardian is someone aside from your mother
or father who is allowed to make decisions for you about
school, medical treatment, and other things that affect
you as a person. This will only happen if a judge says
that its okay for this person to make these decisions
on your behalf. The need for a guardian happens mostly
when parents are frequently out of town, when both of
a child's parents have passed away, when a child with
special needs reaches age 18, or when a child moves to
a town before her parents do.
[1]
[1] See Maryland Rule 10-201 et seq.
| WHAT
IS A GUARDIAN OF THE PROPERTY? |
|
A guardian of a property is someone aside
from you (or your parents) who is in charge of your money.
This will not happen without a judge saying it's okay.
The need for a guardian of the property arises mostly
when a child inherits money from a deceased relative or
when a child with special needs reaches age 18.
[2]
[2] See Maryland Rule 10-301 et seq.
| WHAT
ARE ATTORNEYS FOR CHILDREN? |
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These attorneys are also known as Guardian
Ad Litem or GAL, or Best Interests Attorneys. These attorneys
are used when your parents are going through a divorce.
They make an independent assessment of what is in your
best interests. They listen to what you have to say, but
they are not bound to do what you ask them to. One or
both of the parents pay for this attorney's services.
| WHAT
IS A CHILD ADVOCATE? |
|
Child Advocates are independent legal counsel
for you - so they work like any lawyer for any other client,
only they are Court-appointed (generally). You must be
sufficiently mature to make a reasoned choice. These lawyers
are frequently used in cases in which one or both parents
are moving from the area in which the marital home is
located. One or both of your parents pays for this attorney's
services.
| WHAT
IS A CHILD'S PRIVILEGE ATTORNEY? |
|
Also known as Nagle v. Hooks attorney,
for the Maryland case that created this type of attorney.
This attorney makes the decision whether to assert or
waive, on your behalf, any statutory confidential privilege.
A statutory confidential privilege generally includes
psychiatrists, psychologists, counselors and doctors.
One or both of the parents pay for this attorney's services.
This role can be combined with either of the other two
roles.
| WHAT
RIGHTS DO I HAVE IF I HAVE BEEN ABUSED OR NEGLECTED? |
|
If you are under 18 years old and have been
neglected or emotionally, physically, or sexually abused
by a parent, guardian, or caregiver,
the Juvenile Court may find that you are a "child in need of assistance"
(CINA). Once the court decides you are a CINA, you
may be able to receive services up until age 21.
What happens?
- You or someone
else (a friend, relative, teacher, neighbor, police
officer or religious leader) reports that you are being
abused or neglected.
- A Child Protective Services
case worker from
the local Department of Social Services investigates whether
there has been any abuse or neglect.
- You, your family, friends, neighbors,
and other witnesses, may be
interviewed by a case worker.
- You may be removed from your home
and placed with a relative, family
friend, or in foster care while the investigation is
going on.
- If the case
worker feels that it is not safe for you to go home, a
hearing will be held in Juvenile
Court before a Master or a Judge (there is no jury
involved).
- The court must decide where you
should stay and what services you and your family may
need based on what is in your best interests.
What are your
rights?
- Once you have
a case in Juvenile Court, you have the right to have an
attorney represent you.
- The have the
right to attend court hearings about you.
- Your attorney is
appointed to represent you by the
Court. You do not have to pay for the attorney
though it can also
be a private attorney.
- You have a
right to have your physical, medical and educational
needs met.
- You have the
right to be placed somewhere safe.
- You have the right to visit with
your family brothers and sisters
unless the court says you may not.
What happens if
neglect or abuse is
found?
- You may be returned to your home, but they
may have to follow certain
rules;
- You may
be placed with a relative, a
family friend or in foster care
with a foster family, in a group home, or in an
independent living program;
- Someone else, like a relative or
family friend, can become your guardian.
- The court may
order services for you and your family;
- A case worker
will work with you and your fmaily.
How long will I be apart
from my caregivers?
- It depends on
the facts of the case. However, unless the court
orders otherwise, your case worker will be working to
help you go back to your family as long as it is safe.
- If the court
determines that you are a CINA and that you must be
placed outside your family home the court will review
your case an you will make a long term plan for you
(called a permanency plan based on what is best for you.
- The permanency plan can
be a return to your parents
or guardian, have you live with a relative, find an
adoptive family, or to make another plan that works best
for you and if you are older than 16, the plan must
specify what services will help you to be independent
when you are older.
You can also visit this site by the
Maryland Department of Human Resources on children in
need of assistance http://www.dhr.state.md.us/legal/children.htm
for more information. |
