TheDailyRecord.com/Maryland-Family-Law February 2015 Vol. XXVII, No. 2 A Coordinated Approach How to resolve conflicts without going to court Page 4 Patricia Cummings, Aza Butler and Paul Reinstein Table of Contents 3 Guest column The single biggest factor in divorce financial plan- ning is how significant the emotional complexity is Vol. XXVII, No. 2 for people experiencing all of the changes inherent in divorce. TheDailyRecord.com/Maryland-Family-Law 4 Cover story: A coordinated approach 11 East Saratoga Street Professionals work with parents on conflict resolu- Baltimore, Maryland 21202 tion skills, with the goal of teaching them to resolve Main Number: 443.524.8100 disputes based on what’s best for their children. Main Fax: 410.752.2894 7 From the courts Suzanne E. Fischer-Huettner, Publisher The Court of Special Appeals said a Baltimore judge erred in ruling, during the custody hearing, that the Barbara Grzincic, Esq., Editor Special Immigrant Juvenile findings would require a separate guardianship petition and hearing. Tracy Bumba, Audience Development 8 Legislative update A state Senate committee heard testimony for and Director against a bill that would prevent accused rapists from claiming parental rights over children con- Rickie Roberts, Advertising Director ceived during an alleged sexual assault. Erin Cunningham, Special Products Editor 9 Child advocacy Children and young adults currently in foster care are among the most at-risk individuals in society. Maximilian Franz, Senior Photographer The early warning signs of problems often appear in the schoolhouse in the form of academic and/ Alissa Gulin, Danny Jacobs, or behavioral problems. Steve Lash, Esq. and Lauren Kirkwood 10 Monthly Memo Contributing Writers Del. Kathleen Dumais leaps to the defense of her fel- low family-law practitioners ... Judge Wade McCree Maryland Family Law Update (USPS #014-143), published monthly, is a Jr. is immune from suit after affair with woman review of events as they affect the practice of domestic relations in law whose case he presided over... Private investigators in the state of Maryland published by The Daily Record, 11 E. Saratoga Street, Baltimore, MD, 21202. ©2015 The Daily Record Company, all rights find more business with online snooping reserved. No portion of this publication may be reproduced in any form without the express written permission of the publisher. Annual subscription price $385 (MD residents please add 6% sales tax). Family law digest Periodicals postage paid at Baltimore, MD. Postmaster, send address 11 change to: The Daily Record, 11 E. Saratoga Street, Baltimore, MD 21202. The laws of every jurisdiction may differ, and the facts are capable of Full Text Reported Opinions many interpretations. The contents of this publication are not to be 14 construed as legal advice and should not be acted upon without consult- ing an attorney. Letters selected for publication are subject to editing. Letters from litigants in pending cases or their representatives will not be Full Text Unreported Opinions accepted for publication until after their cases have been finally decided. 20 Address letters and comments to Editor, Maryland Family Law Update, 11 E. Saratoga Street, Baltimore, MD 21202. Maryland Family Law Update and The Daily Record Company are owned by The Dolan Company. Case index 2 Md. Fam. L.U. ___ (2015) 122 123 Topic index 2 Maryland Family Law Update: February 2015 TheDailyRecord.com/Maryland-Family-Law Guest column Divorce financial planning: What’s the difference? BY DORIE FAIN around collecting them. n What are the passwords? In I’ve often been asked by financial a world that is increasingly online, planning colleagues as well as legal login information is required to ac- and tax professionals to describe the cess account records. Keep a list of difference between general financial usernames and passwords for all key planning and the specifics related to online accounts as well as any safe divorce financial planning. combinations and locations of safe These differences are something deposit box keys. that I have given great thought to as n How much do we spend an- I see more of the nuances relating nually? Women especially experi- to divorce financial planning — nu- ence significant anxiety about what ances that can be missed under the they can afford when their circum- basic principles of financial plan- stances change. Having a general ning. idea of the household budget items The single biggest factor in di- ‘Need to know’ financial facts and the associated annual expenses vorce financial planning is how sig- For a client, knowing what they will create a solid starting point for nificant the emotional complexity need, what they have and where it understanding how much money is is for people experiencing all of the will come from explains the divorce required on a yearly and monthly changes inherent in divorce. In the financial planning process in the sim- basis to provide for herself and fam- midst of profound upheaval in their plest terms. This is even more daunt- ily. ing to the person who hasn’t been lives, those going through the pro- n Where is the money? Assets cess are faced with making financial involved with the finances through- can live in many places: financial decisions that have a long-lasting im- out the marriage and often hasn’t institutions, safes, and safe deposit pact and often can’t be changed as had access to this type of informa- boxes or even under the mattress. time goes on. tion. Particularly at the beginning of Know the locations, names of institu- The emotional aspect cannot be the process, people often ask, “What tions, contact people, account num- underestimated. Much of the role are the ‘need to know’ facts about bers, account titles and approximate that a divorce financial planner my financial life?” values. n Similar to the serves for clients is to help them Who do I call? n How much are our valuables list parents keep in case of emer- manage the range of emotions they worth? Art, collections, jewelry, feel, while remaining focused on gency (cell phone numbers, pediatri- precious metals ... do you have sig- providing reliable information from cian, fire, police) an updated list of nificant assets other than cash or fi- which they can make sound deci- key advisors and their contact infor- nancial investments that need to be sions. mation including attorney, CPA, in- taken into consideration. A good deal of the emphasis is surance agent, investment managers, Attorneys who recognize the full on helping clients adjust to their and other key advisors. range of issues their clients are fac- n new reality post-divorce — and the Where are the documents? ing in divorce, not only in the area financial framework helps to shape Having a roadmap of where all of of legal strategy, are far more likely this picture. A spouse who, for exam- the financial and legal documents to secure a successful outcome — ple, wants to keep the family home are goes a long way when it’s time one that goes beyond the settlement may reconsider when presented with to make changes or new decisions or judgment to extend over the long the true cost of doing so — not only about finances. Are the documents term of their clients’ lives. in dollars and cents, but in missed filed in hard-copy form in the house, opportunities to accomplish other online, at the advisor’s office or Dorie Fain, CFP® is the founder and goals. somewhere else? Everything should CEO of &Wealth, a Baltimore based Without bringing together the be spelled out on paper. Generally, boutique financial advisory firm facts and figures with the human it is better to keep these documents dedicated to providing smart financial side of what people need, our work in a central location, clearly marked guidance for women who are is not complete. so time isn’t wasted having to run recreating their lives. TheDailyRecord.com/Maryland-Family-Law Maryland Family Law Update: February 2015 3 Cover story A coordinated approach Teaching parents to resolve conflicts without going to court MAXIMILIAN FRANZ Paul Reinstein, center, says he asks his clients, ‘Do you want to pay me $500 an hour to talk about your child having hotdogs for dinner, or do you want to split the cost with your ex and go to a parent coordinator to resolve these issues?’ He is flanked by his fellow panelists at the MSBA’s Family Law University in Annapolis, mediator Aza Butler and Patricia Cummings, LCSW. BY LAUREN KIRKWOOD those sorts of things are less significant fessionals such as licensed social work- [email protected] from a legal perspective, but are still im- ers, attorneys or psychologists work portant to the parents,” said Paul Rein- with parents on conflict resolution n a high-conflict divorce case stein, a family law attorney and partner skills, with the goal of teaching them to involving a child custody dis- at the Bowie firm Reinstein, Glackin, resolve disputes based on what’s best pute, attorneys for both parents Patterson & Herriott LLC. for their children, instead of focusing may deal with phone call after Luckily, Reinstein said, there’s a on winning their case. phone call regarding matters better way to handle these types of is- The practice was the subject of a that seem, to them, inconse- sues — both for the attorneys and for session at the Maryland State Bar As- Iquential. the parents involved. The only problem sociation’s Family Law University CLE “What mom’s feeding Johnny for is that not enough people know enough event in Annapolis in early February. dinner, and the sports gear not coming to take advantage of it. Adopted in 2011, Maryland Rule back and forth from house to house — During parenting coordination, pro- of Procedure 9-205.2 allows a court 4 Maryland Family Law Update: February 2015 TheDailyRecord.com/Maryland-Family-Law What they can and can’t do (7) in response to a subpoena issued at the request of a party or an attorney for a child of the parties, or upon Added in 2011, Rule 9-205.2 sets forth the action of the court pursuant to Rule 2-514 or 5-614, pro- standards for qualifying, training, certifying, and duce documents and testify in the action as a fact witness; using court-appointed parenting coordinators.