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FATHERS’ RIGHTS
NOT JUST EVERY OTHER WEEKEND

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 March, 2015

Appeals Court Reverses Custody Award to Mother

Tuesday, March 24th, 2015

In 2014, a judge in Talbot County, Maryland, gave custody of a 14 year old girl to Mrs. Hostetter, writing in his memorandum opinion that as “an adolescent female, this may be the most important time in her life to have a solid relationship with her mother.”

What’s wrong with this decision?

While the judge may have been correct about the importance of the mother-daughter relationship, he was wrong about the law.

In an unreported opinion in March of 2105, the Maryland Court of Appeals reversed the decision as contrary to state law and cases.

In 1974, Maryland abandoned by statute the maternal preference doctrine, under which children were presumed to belong with their mother.

And in 1998, the Maryland Court of Appeals, held that the state’s Equal Rights Amendment prohibits custody determinations based on gender.

The Maryland legislature is currently considering a bill that would create a rebuttable presumption in favor of joint physical custody.  Sponsors of the bill say such a presumption is necessary to prevent a latent preference by judges to award custody to mothers rather than fathers.

A Lesson from The Walking Dead

Wednesday, March 18th, 2015

My son and I watched The Walking Dead together last weekend.  We both looked at each other after it was over because we were still trying to figure out the ending.  We rewound and rewatched it several times.  Then we discussed it and  put the clues together.  Aha!  So that’s what it meant.

I told my son I liked stories like that.  The author doesn’t tell you what happens but leaves enough clues for you to figure it out yourself after you close the book and think about if for a while.   John le  Carre writes his spy novels that way.

I like to use this in my law practice.  I find it much more persuasive when I write a letter to opposing counsel where he comes to the right conclusion himself rather than me telling him.  The same goes for argument to the judge or jury and briefs to the appeals court.  Don’t hit them over the head with the answer.  Leave enough clues for the reader to figure it out on their own.

Those Winter Sundays

Wednesday, March 4th, 2015

by Robert Hayden

Sundays too my father got up early
and put his clothes on in the blueblack cold,
then with cracked hands that ached
from labor in the weekday weather made
banked fires blaze. No one ever thanked him.

I’d wake and hear the cold splintering, breaking.
When the rooms were warm, he’d call,
and slowly I would rise and dress,
fearing the chronic angers of that house,

Speaking indifferently to him,
who had driven out the cold
and polished my good shoes as well.
What did I know, what did I know
of love’s austere and lonely offices?

 
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