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Divorce Lawyers

Thyden Gross and Callahan LLPCounselors and Attorneys at Law




This is about fathers' rights law, and protecting the best interests of your children. It provides information, news and comments on laws, cases and strategies for life as a single father and winning your custody, access or child support case.

Archive for September, 2010

What Percent of Time Is Every Other Weekend?

Thursday, September 23rd, 2010

In Maryland, where I practice, this percentage is important because it determines whether child support is calculated on the shared custody worksheet or the sole custody worksheet.

Child support on the sole custody worksheet is higher.  Multiply a few hundred dollars a month times twelve months in a year times the number of years until the children reach 18 or 19 and you will see that it is a lot of money we are talking about here.

Maryland counts only overnights in determining the percentage.  So a weekend from Friday to Monday is three overnights.  A weekend from Saturday to Sunday is one overnight.  Three overnights every other week times 26 alternating weekends in a year is 78 overnights a year.  Then you have to add and subtract for holidays, school breaks and summer vacations.  The dividing line in Maryland that puts dads on the lower shared custody guidelines is 128 overnights a year or 35%.

Same Planet Different Worlds

Tuesday, September 21st, 2010

Deposition of Husband:

Q: And what did your wife contribute to the marriage?

A: Nothing.  I supported her and the children throughout the marriage.  And all their friends and pets and a maid, a handyman and a gardener.  I was the only one that worked.  I made all the money.  She didn’t contribute a dime.  All she did was spend it.

Deposition of Wife:

Q: And what did your husband contribute to the marriage?

A: Not a thing.  I took care of the kids, bandaged their boo-boos, dried their tears, helped them with their homework, made dinner for everyone, took them to soccer, arranged all the doctor visits and went to all the parent teacher meetings.  My husband just worked all the time and contributed nothing to the marriage.

Custody in Same Sex Marriages

Friday, September 10th, 2010

by Jill H. Breslau

A few years ago, I heard the heart-wrenching story of a woman–I’ll call her “Julie”–whose same sex partner adopted a little girl from China.  Both women actively participated in the life of this child; both of them considered her their daughter.  But Julie didn’t think to seek formal adoption.

When the two women separated, Julie’s partner refused to allow her to see their daughter, and the court had no jurisdiction to compel visitation.  In fact, the custody issues in the case were heard in Juvenile Court rather than Family Court.  Because of the animosity between the couple, this little girl lost contact with a loving parent.

The acknowledgment of same sex marriage may avoid the sad situation that happened to “Julie.”  In general, a child born or adopted during a marriage is considered to be a child of both parents.  Thus, Julie and her partner’s little girl would be entitled to have contact with both of them, and to be supported by both of them, if their marriage failed.

It appears that change is coming.  But while the law is in flux, it is a good idea for same sex couples to be vigilant and to consider the consequences of a decision to marry . . . to relocate . . . and to have children.  While many issues can be resolved by agreement (before and after the marriage), some issues remain within the province of the law.  Obtaining a legal resolution can be financially challenging and personally disheartening.  Nobody wants to anticipate divorce; people tend to learn about it on as “as needed” basis.  But, especially in an area of the law that is uncertain, it is wise to plan for any eventuality.

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