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Tim Conlon
Aggressive Custody Attorney in Frederick Maryland
Aggressive Custody Attorney in Frederick Maryland

Tim's posts

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Biological Mom rescues Cody and Emma
Interview with Rose Hall and her lawyer, Tim Conlon of The CustodyPlace. 

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Item 3 on our ten point divorce checklist is the obtaining of new or alternative addresses.  Now by addresses I mean:  the mail kind, the email kind, and the where you live kind.
The Divorce Place is a Maryland law firm concentrating in divorce, custody, visitation and child support cases. In short, we are dedicated and experienced in all aspects of the law that affect Maryland families. Our mission is to help our clients to navigate the divorce process. Our emphasis is on Divorce, Custody and Family Law Litigation.

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Ten Point Divorce Checklist # 2
Ditch Your Cellphone
The Divorce Place
Divorce Lawyers in Maryland
240 575-9298

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Judge Orders Deployed Serviceman to Attend Custody Court

Apparently a Judge in Michigan is requiring a deployed Sailor in the US Navy to appear for a custody court date.  No argument, the media publishes things in a manner such as to promote outrage, intrigue, fear etc.  Thus I feel a little bit like Paul Harvey wanting to know “the rest of the story” but I will jump in anyway.

In Maryland litigants are the subject of the “Soldiers and Sailors Relief act of 1940.  The provisions of that law stay proceedings which involve an active duty member of the armed forces under many conditions including deployment.  President Bush put through an amendment to that law in 2003.  

Yet some of those provisions are limited in time such as 90 days as the article discusses.  In my opinion, the story within the story is not that a custody case requires participation of a parent.  The story sounds like a judge who is wrong philosophically and legally.

I have some friends who are judges.  I knew them before they were judges.  I was in a meeting with one of them and another lawyer made a negative assessment of another judge, such as  “you know judge X he/she is always a problem.”  The judge replied that in her opinion “Becoming a judge amplifies your personality.  If you were an @$$!! before, you are an even bigger @$$!! now.”

Tim Conlon, Esquire for The Custody Place

article source: source:

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Parental child abduction is in the news. Is it Kidnapping? - The Custody Place

A Mother in Nassau County New York took or attempted to take her…old child and fly the proverbial coup.
I am asked the question countless times a year by both people wishing to depart the state with a child and people who fear their child will be removed from the state.  The question is almost always as follows:  If I (or my ex) take my child outside the state, is it kidnapping?
Worthy of note in this article is that the mother in question failed to show up for court.  At that court proceeding the judge issued an order granting custody to the father.  When she was advised of that but failed to turn the child over she was probably guilty of kidnapping in New York.
Most states have a different kidnapping law for a parent than for some unrelated person.  In most states parental kidnapping is a misdemeanor and kidnapping by another is a felony.  Yet be warned.  If you are guilty of a misdemeanor versus a felony.  The food at the jail is just as bad for misdemeanors and the bars are just as hard.  Never do something because it’s only a misdemeanor.  Besides, if you ever took your child under those sort of circumstances you would probably never get them again.
The reason I point out that the article references a hearing is because that is of utmost significance.  You see most of the times I get asked if transporting a child is kidnapping the parents are not under any order at all.  Sometimes I have even been asked by an unmarried father who has not been “adjudicated” to be the father at law.  People under these circumstances are on dangerous ground indeed.
They have a child yet they have no order giving custody to either one.  That is not to imply that until there is an order it’s “the wild west.”. A parent can get an order under those sort of off the hook emergency circumstances and then you are back to the kidnapping issue.  If you must treat the children with this sort of siege approach, I encourage you to treat them more as a pop bottle than a football and follow a no deposit no return approach.
I have addressed that on my website blog in more depth but it amounts to exchanging the children for a simple note as to when you will get them back.  If the other party reneged on the deal in the note it can often be a quick ticket to court.  Thus you may attain the same objective in a quasi civil fashion as you might “boarded up” with the child like some hostage taker.
Tim Conlon, Esquire for The Custody Place

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The website “Mommy Noire” points out mother’s custody dos and don’ts

The Mommy Noire website at the following link has done an article titled “Lay Down the Law:  Dos and Don'ts of Child Custody:

This article really hits the mark on all of its point but none more so than the Don’t factor of “Don’t interfere with your child’s visitation time with the other parent.”  Man those are big words!

The worst custody mistake that people make is to deny visitation particularly scheduled visitation.  I think people rarely set out to stand in the way of visitation, particularly scheduled visitation, I think it is one of those things born out of necessity and/or out of the best or most innocent of intentions.

Then it sets up over time and becomes a pattern that cannot be easily broken.  In fact the longer and longer the pattern goes on, the harder it is for it to be broken.   When that happens, beware because it can define the case.  I mean no matter what else the evidence shows, no matter what else is at issue you are the obstinate parent.  It can be like a scarlet letter.

This works hand in hand with their custody “do” of writing everything down.  That is absolutely critical.  People come to court charged up with indignation and never think to write down what lawyers call “contemporaneous notes.”  Women are much, much better at this than men, which answers the question “how does my wife even remember that I did/said that?”  There is truth in every jest.

So this article is a really good guideline to follow and I would accredit each of that author’s points with credence.

The Custody Place
custody lawyers in Frederick Maryland
301 865-1101

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Child Support Non-payment Can bring Jail

Recent newspapers report “child support round ups” where dads who are markedly behind on child support are arrested in a cross county sweep.  The round up in the following article took place in Texas.  If there is anywhere they know about a “round up” it’s Texas.
Why do parents who don’t pay child support go to jail?  Why can’t child support get discharged in bankruptcy?  The answer is legal policy and public policy. 

If you have asked the question, it also shows you have a sound background in American Civics.  You see a distinction from some countries at the founding of ours is that we will not put people in jail for a money debt.  AKA debtor’s prison.  So that raises the question, “why can I not pay my credit card and they sue me, but if I don’t pay child support I go to jail.

It's because you contract to pay for your credit card.  You sign an agreement to pay and if you do not they sue.  Then if they sue and they win you get a judgment for the money you owe them.  If you don't pay that judgment and they find you they attach your wages or yank the money out of you bank.  Of course you could declare bankruptcy and "win" by not having to pay them.  (I guess)

In the case of child support,  a judge orders you to pay a person for child support.  When a judge orders someone to do a thing, or not do a thing, the person is in contempt for non-compliance.  If the judge determines that a person is in contempt jail is an option.  So, people who fail to pay child support can go to jail.

With respect to bankruptcy it is a legal construct.  Dreamed up in Washington and contained in a series of law books called the Federal Bankruptcy Code.  When they wrote that code the exempted certain types of debts as "non-dischargeable" meaning you cannot get out of paying them.  One of those is child support because it would not be very politically popular to do that to kids.

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Google Alerts Divorce Will Smith 6/23/14

So, Will Smith and his wife are not getting a divorce anymore because of some scary drama with their daughter.  Per the Irish Independent, a newspaper I have followed since I went to college in Dublin, the couple had been embroiled in a divorce until they came together to support their daughter Willow who is subject to a boudoir photo scandal.  Now the couple’s relationship is on the mend.

That happens more than people think.  Stress or trauma related to a couple’s children can have an effect on whether and if they will get divorced.  For example heretofore, I thought that death of a child (adult or minor) was an immediate nose dive for a marriage.

I was so convinced of that rule that when students would ask me if I saw any real common themes to divorce like the “seven year itch” I would use death of a child as an example.  I was not intending to be wrong or arrogant that is really, really a pattern I have seen over 20 years but it was not an empirical analysis.

It made perfect sense to me.  There is NOTHING more traumatizing to image than harm to your child or even death.  How could a person recover from that?  They must be permanently damaged and divorce is common, even imminent.  No.

It turns out that I could not be more wrong.  The divorce rate for parents of deceased children is actually lower than the average for parents in general.  At least one study demonstrates that the divorce rate for parents who have not lost children is 125% higher than the divorce rate for people who have.

The children of any healthy couple are their focus.  They are the first thought in the morning and the last thought at night.  I will swear on a stack of bibles that people in a divorce spend even more time than that thinking about their children.  Maybe when they have crisis in common it’s enough to try again?

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Divorce clients and fishing with the competition;)

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Custody and visitation mediation in a divorce case in west minster Maryland all done for now
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