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Articles Posted in Recent Court Decisions

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Maryland Court of Special Appeals Rules Marriage Over Phone Valid

As the Washington Post reports, The Maryland Court of Special Appeals upheld the divorce of Marie-Louise Tshiani and Noel Tshiani, stating that their marriage, where Noel was only present by phone, was valid. When Ms. Tshiani filed for divorce in the Circuit Court for Montgomery County, seeking alimony and child…

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Recent Maryland Court of Appeals Case on Dissipation

Maryland law defines dissipation as when “one spouse uses marital property for his or her own benefit for a purpose unrelated to the marriage at a time where the marriage is undergoing an irreconcilable breakdown.” Sharp v. Sharp, 58 Md. App. 386 (1984). At issue is also whether or not…

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Maryland Court of Special Appeals Reports on Social Networking Websites as Evidence

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…

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Maryland Court of Special Appeals Denies Grandparent Visitation

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…

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Maryland Court of Appeals Finds that Compensation for Personal Injury is Exempt from Child Support Judgment

The Maryland Court of Appeal issued an opinion in Curtis O. Rosemann v. Salsbury, Clements, Bekman, Marder & Adkins, LLC on January 13, 2010 stating that funds received as a part of a settlement in personal injury case are exempt from being executed for a judgment of child support arrearages.…

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Maryland Court of Special Appeals Vacates Same-Sex Visitation Case

The Daily Record reports that the Maryland Court of Special Appeals has decided to vacate the Baltimore County Circuit Court’s decision to allow Larissa S. to visit with her ex-partner Melissa B.’s eight year old son. The couple dated for seven years, before deciding to have a child in 2001,…

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Recent Maryland Court of Appeals Ruling on Paternity

On September 21, 2009, the Maryland Court of Appeals issued an opinion holding that the Circuit Court for Garrett County had erred in ordering a paternity test for a child without first considering the child’s best interest. The case, Kamp v. Department of Human Resources, began when Darren Kamp, the…

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Recent Maryland Court of Special Appeals Decision Rules that Parents Do Not Need to Show a Material Change in Circumstances in Order to Modify Visitation with Third Parties

On June 3, 2009, in the case of Barrett v. Ayres, the Maryland Court of Special Appeals found that Sharon Barrett did not need to show a material change in circumstances in order to modify the current set visitation schedule between her daughter and her daughter’s paternal grandparents, Bryan and…

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