Areas of Practice
The decision to divorce is usually not reached until after years of pain and struggle, trying to make a marriage work. When getting a divorce in Maryland, it is important to hire a lawyer to not only protect your rights, but ensure you are being treaded fairly. James Thomas has been representing clients seeking divorce in the state of Maryland for several decades. Don’t hesitate to schedule a free consultation today!
In Maryland, there is no such thing as a “legal separation.” However, separation can be a legal reason (or ground) for divorce, depending on how long you and your spouse are separated. Before deciding to separate from your spouse, it is important to consult with an experienced family law attorney, like James Thomas to know when and how to best resolve your marriage.
In the state of Maryland, child custody is determined by the court based on the “best interest of the child.” The courts may make the decision that joint legal custody is in the child’s best interests. Joint legal custody gives each parent an equal voice in making decisions. The parents work together and share the care and control of the upbringing of the child, even if the physical custody of the child is only at one primary residence. There are hybrid versions of joint legal custody where one parent may have "tiebreaking" authority (the final word in cases of disagreement), or each parent may have certain areas of decision-making authority. Shared physical custody is when a child spends at least 35% of the time with each parent and has two residences. Legal custody involves the right to make long-term plans and decisions for the education, religious training, discipline, non-emergency medical care and other matters of major significance concerning the child's welfare. When you hire James Thomas as your Maryland family lawyer, you can be confident that all of your rights are being protected, and that the child will be in the best environment possible.
A parenting agreement is a written agreement that explains how the parties agree to raise a child. It covers how parties will make major decisions about a child (decision-making authority or legal custody) and when the child spends time with each party (parenting time or physical custody). Parenting plans are a guide for how parties will handle child-related issues. With a parenting plan, the parties are often able to move past their disagreements and more effectively co-parent. James Thomas can assist in creating fair, reasonable, and effective parenting agreements.
Marital settlement agreements are written agreements between the parties which resolve alimony, marital property, personal property, marital debt, child custody and visitation issues. James Thomas is well-versed in settlement agreements, and will allow you to feel secure in your representation.
When the parties to a divorce are able to reach a marital settlement agreement, they may file for a mutual consent divorce. Such a divorce does not require the parties live apart before filing for divorce. A Mutual consent divorce allows the parties to resolve all issues of conflict by negotiation and retain control over aspects of their divorce. James Thomas is a knowledgeable Maryland divorce lawyer who can help you negotiate a marital settlement agreement, which protects your interests now, and in the future, and save you time and the expense of litigation.
Under Maryland law, the right to receive child support belongs to the child. Maryland uses a formula to calculate child support, known as the Maryland Child Support Guidelines. The Child Support Guidelines are usually followed, unless an individual can show the guidelines would be unjust or inappropriate in their case. When you choose James Thomas to represent you in a child support legal issue, you will get the best representation possible.
Alimony is the regular payment of money for support of a spouse or former spouse at regular intervals during the joint lives of the parties to a former marriage. Rehabilitative alimony is to provide an opportunity for the recipient spouse to become self-supporting. Rehabilitative alimony is awarded for a limited period of time. James Thomas is experienced in ensuring all alimony payments are fair and established in a court of law.
Maryland law allows the individual to establish paternity through a court order or through an Affidavit of Parentage form. If the issue of paternity is contested usually the matter can be resolved through genetic testing which is introduced into evidence through the appropriate judicial proceedings in court. Allow James Thomas to relieve the stress of not knowing paternity, and give you peace of mind.
Prenuptial agreements, also called "antenuptial" or "premarital" agreements in Maryland, are contracts in writing between prospective spouses where they agree how certain issues, such as property division and alimony, will be decided if they happen to divorce. This can save the parties expensive attorney’s fees and litigation if prepared correctly in advance of the marriage. Learn more when you schedule a free consultation with Maryland prenup lawyer James Thomas.
Guardianship of a minor occurs when the minor’s parents are either deceased, unavailable to care for the child, or the minor has inherited or been awarded property. Adult guardianships occur when an adult individual loses the capacity to make their own financial and legal decisions on his or her own behalf, due to age, sickness or some other disability, which prevents them from taking care of themselves. The nomination of a guardian by parents, or by a last will and testament often weighs heavily in the court’s determination. Speak with expert guardianship attorney James Thomas today to see how he can help you navigate the complicated guardianship process.
Adoption is the legal creation of a parent-child relationship by judicial order between people who are not a natural parent and the child. An adoption begins with the filing of a Petition for Adoption in Circuit Court. If the natural parents can be found, they are given the opportunity to consent or object to the adoption. Investigations and reports are filed with the court, and a hearing is held. When the court orders an adoption, it also ends the legal rights and responsibilities of the natural parents. After adoption, the new parent-child relationship is no different than the relationship between a natural parent and child. Maryland does not bar adults from being adopted. There are three different kinds of adoptions, public agency adoptions, private agency adoptions, and independent adoptions. James Thomas has handled all three types of adoptions. Let him put his experience to work for you.
Visitation is the arrangement for contact between the child and the parent, or a third party, who does not maintain the primary residence for the child. Visitation can be set out in a number of ways, such as a flexible visitation schedule, structured visitation based on a regular schedule that may include weekends and summer vacations. The parties may agree on a visitation schedule, or the Court may award visitation after a hearing. James Thomas has represented hundreds of clients who are seeking visitation, and provided stellar results.
This ends the legal authority that a parent has over a child who is under 18. Interestingly, a minor can not bring about emancipation through his or her own actions. It requires some action by the parent, or by the minor, but with permission of the parent (such as marriage). Holly v. Maryland Auto Insurance Fund, 29 Md. App. 498 (1975). If you have questions about emancipation in Maryland, contact James Thomas, a trusted and knowledgeable emancipation attorney.
Mediation is an alternative solution to a court trial. Mediation allows the parties to control the outcome. When the parties seek a collaborative approach, they may save thousands of dollars in litigation expenses when mediation is successful. If mediation is unsuccessful, the parties may then proceed to the court system and litigate. Let James Thomas, a Maryland family mediation lawyer, evaluate your case to determine whether it is a good choice for collaboration and mediation.
In Maryland, individuals can obtain a protective order from either the District or Circuit Court. Protective orders are granted for an act which causes serious bodily harm, such as a physical assault, or an act that places one in fear of imminent serious bodily harm. Rape or sexual assault, false imprisonment, mental injury to a minor child, or stalking also provide the grounds for receiving a protective order. To be eligible for a protective order, you must be either a current or former spouse of the abuser, have a child in common with the abuser, be a cohabitant of the abuser who has a sexual relationship with the abuser, a former cohabitant of the abuser. Other conditions must be met as well. If you believe your safety is at risk, call James Thomas immediately to discuss your legal options.
“Unbundled” legal services refer to legal services where a client hires James Thomas for a specific task or to represent them only on a limited issue instead of the entire legal case. This may also provide the added option of “pay as you go” legal services. There are many tasks a lawyer may perform for clients. Some specific tasks that clients may hire lawyers to perform include, evaluating the client's analysis of a case, advising about legal rights and responsibilities, advising about court procedures, reviewing or drafting documents and evaluating settlement options. Not every case is a good case for unbundled legal services. Contact James Thomas today to see unbundled legal services are a good option for your case.
The above information is NOT official legal advice. Please call James Thomas for representation and legal advice.