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  1. #1

    Default Child Support And Alienation Of Affection

    My question involves child support in the State of: Maryland

    Are there any kinds of ACTIVE laws in Maryland that mirror Alienation of Affection but relates to children; I want to know if I can go after my ex for destroying my relationship with my children.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
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    28,441

    Default Re: Child Support And Alienation Of Affection

    Your state's best interest factors govern child custody determinations.
    Quote Quoting The Best Interests of the Child Standard
    Regardless of any agreement you may have reached, the courts will look at custody to determine the "best interests" of the child. They look at several factors. It is important to remember that no one factor is more important than any other. The following list is some, but not all, of the factors, that courts will consider.
    • Primary Care Giver - Who is the person who takes care of the child? Who feeds the child, shops for their clothes, gets them up for school, bathes them, and arranges day care? Who does the child turn to when they get hurt?
    • Fitness - What are the psychological and physical capacities of the parties seeking custody? The court may also consider evidence of abuse by a party against the other parent, the party's spouse, or any child residing within the party's household (including another child).
    • Character and Reputation
    • Agreements - Is there a custody agreement already in place?
    • Ability to Maintain Family Relationships - Who will be able to keep the child's family most intact? Who is going to let the child speak with their ex-mother-in-law, for example? Who will not penalize the child for any adverse action on the part of the other parent.
    • Child Preference - The decision of the court may be considered reversible error if they won't hear the child's preference. However, the court has the discretion to interview the child out of the parents' presence. A child as young as 5 or 6 years of age may be heard. Though it is rare, the court will hear from a child under 7 years.The child's ability to tell the truth from fiction and maturity will be the guideline for whether a child may be heard. A child of 10 or 12 years of age is certainly entitled to have their opinions heard and given weight in legal proceedings about custody. Additionally, thecourt has the power to appoint an attorney for the child in contested cases.
    • Material Opportunity - Which parent has the financial resources to give the child more things?
    • Age, Health and Gender of Child
    • Residences of Parents and Opportunity for Visitation - How close do the parents live to each other? How close do they live to members of the child's extended family? Which parent lives closest to the child's school and social circle?
    • Length of Separation- how long has the parent been separated from the child?
    • Any Prior Abandonment or Surrender of Custody - Is there a history of one parent walking out and leaving the other parent to cope with the child and the home? Which parent left when you last broke up?
    • Religious Views - These will be important in the court's decision only if you can show that religious views affect the physical or emotional well being of the child.

  3. #3

    Default Re: Child Support And Alienation Of Affection

    Quote Quoting aaron
    View Post
    Your state's best interest factors govern child custody determinations.
    Those are good starting points!! Should (or I should say "could") these be used in some form of civil action? Or just in the Family Court system?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,441

    Default Re: Child Support And Alienation Of Affection

    Get a lawyer, and bring a motion for modification of custody based on the facts of your case.

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