Maryland Divorce Lawyer Blog

The Baltimore Sun reported on July 7, 2010 that retired Prince George's Circuit Judge Graydon S. McKee III ordered Gayle and Craig Meyers to split custody of their dog at their limited divorce proceeding . For more information on limited divorce see our March 19, 2010 blog. In accordance with Maryland law, pets are considered marital property and are to be divided as such. For more information on marital property in Maryland, see Maryland Code, Family Law 8-203 and see August 19, 2009 blog. Instead of ordering the couple to sell the dog and split the proceeds, the Judge ordered that the dog will alternate spending six months with each party. As reported, "it was very clear that both of them love this dog equally," McKee said. "The only fair thing to do was to give each one an equal chance to share in the love of the dog."

Continue reading " Calvert County Judge Orders Couple to Share Custody of Dog " »

As stated in our June 30, 2010 blog on Facebook pages used as evidence in family law proceedings, Facebook pages and various other social networking sites such as MySpace are being used as evidence in many legal proceedings. As mentioned, the rules regarding the entry of these pages as evidence are still unclear. In a recent case published by the Court of Special Appeals, Antoine Levar Griffin v. State of Maryland, the Court offers attorneys some guidance on this exact evidentiary issue. The opinion, reported on May 27, 2010 states:

The anonymity features of social networking sites may present an obstacle to litigants seeking to authenticate messages posted on them. See, e.g., Paul W. Grimm et al., Back to the Future: Lorraine v. Markel American Insurance Co. and New Findings on the Admissibility of Electronically Stored Information, 42 AKRON L. REV. 357, 370-71 (2009). That is the issue we encounter here: whether the State adequately established the author of the cyber message in question. Despite the pervasive popularity of social networking sites and their potential as treasure troves of valuable evidence, Maryland appellate courts have not yet addressed the issue of authenticating anonymous or pseudonymous documents printed from social media Web sites. Notably, neither the Maryland Rules of Evidence nor the Maryland Rules of Procedure specifically address the authentication of such evidence. Perhaps this is because courts that have generally considered the issue of authentication of electronic communications have concluded that they may be authenticated under existing evidentiary rules governing authentication by circumstantial evidence. We see no reason why social media profiles may not be circumstantially authenticated in the same manner as other forms of electronic communication – by their content and context. The inherent nature of social networking Web sites encourages members who choose to use pseudonyms to identify themselves by posting profile pictures or descriptions of their physical appearances, personal background information, and lifestyles. This type of individualization may lend itself to authentication of a particular profile page as having been created by the person depicted in it.

In this particular criminal case, the Defendant was disputing that a MySpace page should be used as evidence because one could not prove that it was the person's page it purported to be.

Continue reading " Maryland Court of Special Appeals Reports on Social Networking Websites as Evidence " »

Third party visitation cases have become increasing difficult cases to establish ordered child access. The standard has been and remains that in order for grandparents or other third parties to be awarded visitation with a grandchild/child they must show either parental unfitness or exceptional circumstances. For more information regarding third party visitation see our August 11, 2009 blog post. Maryland’s second highest court recently filed an opinion in the case of Brandenburg v. LaBarre on June 2, 2010, which held that in order to prove exceptional circumstances in a third party visitation case, third parties must show that without visitation there will be significant harm to the children. I am of the opinion that prior to this decision, exceptional circumstances could be proven without proving actual/significant harm to the children.

This visitation case was originally heard in 2008 in the Circuit Court for Anne Arundel County. The LaBarres, the children’s grandparents, filed a Complaint for Visitation after they had a falling out with their son and daughter-in-law, the Brandeburg’s. The Brandenburgs have four young children and until February 2008 the LaBarres cared for the children often and spent a great amount of time with the children. After hearing testimony from both sides, including the LaBarre’s testimony that exceptional circumstances existed because the children had previously spent so much time with them, the Judge granted the LaBarres one overnight visit a month and one week in the summer with the children. The Judge noted that the LaBarres had shown no evidence that the children had been harmed by lack of contact with them, but that it was unreasonable for them to have to do so given they had no contact with the children for some time. The Court of Special Appeals reversed the Judge’s decision stating that the test for exceptional circumstances is whether or not the children are suffering significant harm because they are not allowed contact with the third party seeking visitation. In this case, because the parents were fit, they have the right to decide who can visit their children unless these exceptional circumstances are proven.

Continue reading " Maryland Court of Special Appeals Denies Grandparent Visitation " »