When you form a new family through divorce and remarriage, your child’s remaining biological parent typically retains some measure of legal guardianship over your children. If your new spouse wishes to become a legal guardian for your child, you must complete a stepparent adoption to terminate the rights of your divorced partner so these rights can be transferred to your new spouse. Stepparent adoption may or may not proceed smoothly, depending on the opinions of the child’s biological parents; thus, it is always beneficial to seek the guidance of a family law attorney in Baltimore to guide you through the stepparent adoption process, especially if you anticipate a dispute that may require adoption mediation or a court investigation.

Seeking Parental Consent

To pursue a stepparent adoption in Maryland , the consent of both biological parents must be obtained. Thus, the first step in the stepparent adoption process is contacting the child’s additional biological parent regarding the adoption. If consent is given, the adoption may proceed unhindered. However, if the biological parent does not consent to the adoption, further steps must be taken if you still wish to pursue stepparent adoption.

Handling a Parental Objection

When a biological or legal guardian refuses to relinquish their guardianship rights, they may file an objection to the adoption process. Alternatively, the biological parent may simply fail to provide legal consent. When an objection is filed or consent is not given, the couple wishing to pursue stepparent adoption may seek a court investigation to show that stepparent adoption is in the best interests of the child. If the legal parent is determined to have been absent or neglectful with regard to his parenting responsibilities, his rights may be terminated and the stepparent adoption allowed to proceed. Alternatively, if the contesting parent does not meet the legal definition of a presumed father, his rights may also be terminated to allow for stepparent adoption.

Even if you expect a stepparent adoption to go smoothly, a family law attorney is your best resource for guidance and support during this process to reduce stress for you, your spouse, and your child.

When you give an individual power of attorney , you allow that individual to make legal, financial, or other decisions in your stead. If you choose to grant power of attorney, you may opt to turn over decision-making immediately, or only under certain circumstances. Health care power of attorney is a document that allows a person you trust to make decisions on your behalf in terms of health care and treatment options if you are unable to communicate or make these decisions for yourself. Without this document, health care decisions will fall to family members in an order specified by state law. You can find out more about granting health care power of attorney in this informative video; if you have other questions about this document or about any other aspect of estate planning or will writing, contact your lawyer in Baltimore for personalized answers and advice.

During a divorce, child custody is a particularly contentious issue. Clashes over custody can do lasting damage to the relationships between parents and children, especially when coming to an agreement involves nasty courtroom battles. Mediation offers an alternative that can be easier on families. Talk to a mediation lawyer in Baltimore if you are facing a child custody dispute to see if you could come to an agreement outside of the courtroom that works for your family. Here are some of the benefits to choosing mediation in your custody dispute.

Less Stress for Parents

Mediation is not adversarial, as disputes decided in the courtroom can be. The goal of mediation is for all parties to work together to come up with a solution that is right for everyone. There are no winner or losers in mediation, so the overall process is less overwhelming. A third-party representative will guide the mediation process and ensure that no one’s rights are violated, so you can focus on making an agreement instead of being on guard.

Less Stress for Kids

When parents are locked in a custody dispute, their animosity almost inevitably encroaches on their children’s well-being, even despite the best intentions. Kids may feel pressured to choose sides or may hear one parent talking disparagingly about the other parent, causing confusion and fear. Because mediation is easier on parents, it is also easier on kids. They may also get an outcome that is better for them, since the focus of everyone in mediation is to make a plan that is right for the children.

Improved Long-Term Cooperation

Mediation helps to set the tone for what the new normal will look like after a divorce. When parents cooperate during mediation and come up with a child custody plan they both feel good about, they walk away feeling encouraged about their abilities to co-parent even after divorce. This kind of cooperation sets the stage for future issues to be negotiated collaboratively rather than in an adversarial manner.

When you hire an estate planning attorney in Baltimore , it is important to ask the right questions so you can make the best choices for yourself and your heirs. There are many different things to consider when make an estate plan, so it can helpful to prepare your questions in advance so that you don’t overlook anything. Consider adding these questions to your list for your meeting.

What kind of experience do you have?

Estate law can be extremely complex, and it changes frequently. It is important to hire an estate lawyer with experience in the field, rather than an attorney who is simply willing to make a plan for you. The advice and information you get from an experienced attorney is invaluable, and by working with an experienced estate lawyer, you can feel better about the decisions you’re making and how they will impact your heirs.

Can you help me with a trust?

Not all estate planning attorneys are willing or able to help you establish a revocable or irrevocable trust, so if this is one of your goals, ask your prospective attorney up front if he or she can manage your request. There are many advantages to setting up a trust and using it in place of a will for some families, so ideally, your attorney will help you decide if a trust is right for you and assist you in setting it up.

Is it possible to avoid probate?

Many people who are making plans for their estate wish to avoid probate for their heirs if it is possible. Going through probate is time-consuming and costly, and can cause conflict within the surviving family members. Ideally, an estate planning attorney can guide you towards options, like trusts, that can limit the probate process. If it isn’t possible to avoid probate, ask your attorney if he or she will be available to guide your heirs through the process.

During the estate planning process, it is important to consider the implications of estate taxes. If you have a sizable estate, estate taxes can command a significant portion of your assets. Fortunately, an estate lawyer in Baltimore can help you plan to reduce or avoid the burden of estate tax on your beneficiaries.

Watch this video to learn more about the estate tax. This tax is levied on an estate that exceeds that year’s benchmark at the rate that is in effect that the person’s time of death. These rates are changed frequently by the government. Through careful estate planning, you can distribute your estate in your will in a way that protects your loved ones from this tax and preserves your resources.

For couples who choose domestic partnerships over marriage, protecting legal rights is essential. While married couples enjoy certain privileges under the law, domestic partners are not always afforded the same rights. By working with an estate lawyer in Baltimore with experience with domestic partnerships, you can make plans for your estate and feel confident that your loved ones will be protected after your death.

For domestic partners, the law does not assume that your surviving partner is your intended heir in the same way it does for married couples. This distinction could cause issues for your estate in the probate process, as well as uncomfortable family disputes. By drawing up estate planning documents, you can ensure your estate is administered as you intend. With the help of an estate lawyer, you and your partner can draw up individual wills and various trusts to make your final intentions clear. It is also possible to create trusts that benefit your partner while maintaining your privacy. Consult with an estate lawyer to determine the best estate planning procedures for your specific case.

Adopting a child is a wonderful way to grow your family. However, international adoptions have restrictions that do not apply to domestic adoptions; working with an attorney familiar with family law in Baltimore can help reduce stress associated with and speed along the international adoption process. The country of origin of the child can influence the ultimate adoption process, but all international adoptions require a few basic determinations. First, you will need to undergo a home study and apply to the U.S. Citizenship and Immigration Services for the ability to adopt. Next, you must file a petition and ensure the child you wish to adopt is eligible to immigrate to the U.S. Once the adoption process is complete, you must obtain an immigrant visa for the child so he can be brought into the country.

Each year, thousands of children are adopted from overseas into American families. Your family law attorney can help you throughout the adoption process with services that include assistance with finding an appropriate adoption service provider and adoption mediation if necessary.

During a divorce, a couple’s assets must be divided to the satisfaction of both parties. These assets may include money, property, vehicles, and personal items. When partners disagree on the division of property and assets, it is the role of a mediation lawyer to step in and assist the couple to ensure that the divorce process can proceed. During divorce mediation in Baltimore , you and your spouse will meet with an agreed-upon mediation attorney to reach an agreement concerning your assets without the influence or mandates of a judge.

The Mediation Process

When you meet to solve a dispute over marital assets via mediation, you and your spouse will typically meet with your mediation attorney without the company of your divorce lawyers. Instead, the mediation attorney will provide any advice or family law information you may need during the mediation process. Once you have both signed a mediation agreement, you will discuss your concerns with the mediator, who will attempt to guide you and your spouse to a resolution regarding the way in which assets will be divided following your divorce. You may need several sessions with the mediation attorney to reach a satisfactory agreement. Once this agreement has been reached, your mediator will draw up a settlement agreement, which you and your divorce lawyer may review before signing.

The Benefits of Mediation to Divide Assets

There are several benefits associated with seeking mediation services if you and your spouse are having difficulties dividing assets during a divorce . The mediation process is confidential and informal, allowing you to reach an agreement without the oversight of a judge or in the setting of a formal courtroom. Additionally, the divorce mediation process is often faster and more cost-effective than an in-court settlement mandated by a judge. This process gives you and your spouse the opportunity to work out the division of your assets in a way that is acceptable to you both, rather than being forced to follow the decree of a judge.

Drafting a will ensures that you are able to clearly state your wishes regarding issues such as asset inheritance and child custody or guardianship following your death. Whether you are creating a will for the first time or updating a previous document, it’s important to consider several factors when making provisions for guardianship in your last will and testament in Baltimore. Working with an experienced lawyer can help you ensure that the provisions you make are appropriate and beneficial for your children in the event of your death.

Tips for Naming Guardians

During the creation of your will, you should name one primary and one secondary guardian for each of your children currently under the age of 18. The purpose of naming a secondary guardian is to ensure your child is cared for in the event that your primary choice does not wish to or cannot fulfill the obligations of guardianship. It is typically best to name only one primary guardian, as naming two individuals could lead to conflict over custody in the future; however, naming both members of a stable couple or marriage is acceptable if you want both parties to have legal control over your child’s future.

Tips for Handling Finances

In addition to naming a guardian to retain custody of your children in your will, it’s also important to consider how you will provide financial support for your children in the event of your death. You may wish to appoint a separate individual to control the financial aspects of your child’s estate if you feel that the individual to whom you have granted guardianship may not be the best person to handle your child’s financial future. Alternatively, you can opt to set up a financial trust for your children, which is designed to meet their ongoing financial needs; when creating a trust, you will need to name a trustee in charge of handling these assets.

Wills are legally binding documents that state your wishes regarding issues such as the division or inheritance of your personal assets and the custodianship of your children. Like wills and trusts, an advanced directive is a legal document designed for use in the future. This document can be created at any time with the help of your attorney in Baltimore .

An advanced directive gives instructions regarding important healthcare decisions. This document is used in the event that you cannot speak or communicate for yourself, whether due to age, disease, or an accident. An advanced directive may be used to give healthcare power of attorney to an individual of your choosing, or may override your family’s wishes if they conflict with yours. This short video provides more information about advanced directives and their function.