Montgomery County Child Custody Lawyer

Steven J. Gaba, Attorney and Counselor at Law: (301)-738-7770
Custody and Visitation • Child Support • Modification • Relocation

Perhaps you stayed together for the kids. Perhaps your differing views on raising children contributed to the split-up. The bottom line is that you care about your children, and you want what's in their best interests. Going to court is not necessarily the answer.

I am Steven J. Gaba, a family law attorney in Rockville, Maryland with extensive experience resolving custody, visitation, child support and all family law issues.I represent mothers or fathers in Bethesda, Chevy Chase, Potomac, Silver Spring, and throughout Montgomery County. Additionally, I am frequently appointed by the Montgomery County Circuit Court to represent children in high-conflict custody cases.

Custody Agreement or Custody Battle?

After 15 years of the exclusive practice of family law, I believe more than ever in alternative dispute resolution in divorce and child custody matters. Litigation is expensive and drawn-out, often placing kids in the middle of a tug-of-war. If you and the other parent are open to out-of-court solutions, we will explore mediation, collaboration, or arbitration in finding a workable solution. If an amicable settlement is not feasible, I am ready and able to protect your interests in court.

Resolving Custody Issues

I will fully explain how custody determination is made under Maryland law, and discuss your goals and concerns regarding your children. The aim is to reach agreement without sacrificing your interests:

• Residential Custody and Access: Typically, one parent will have primary residential custody, and the other parent will have regular access to the child (formerly known as "visitation") and child support obligations. The amount of time spent living with each parent can be negotiated - or a judge will decide. In shared residential custody, each parent has the children at least 128 overnights per year (35 percent time), and child support is calculated at a lesser rate.
• Legal Custody: Even if one parent has residential custody, both parents may retain legal custody (decision-making authority for health, education, and religion). It can be parsed in many ways: shared decision-making, sole legal custody, or one parent empowered (for example) to make any educational decisions.
• Parenting Plans: I can help you work out the specifics of the parenting agreement: residential schedule and pick-up/drop-off rules, holidays and vacations, extra-curriculars, transport, etc. The emphasis should be on a fair and workable parenting plan.

Custody Modifications

If there is a "material change in circumstances" (new job, requiring a relocation, new marriage, a teenager's preference for one parent) you can petition to alter the details of the parenting agreement. To get sole custody or increased parenting time, we must convince the court that the child's best interests will be advanced by that change. Relocating out of the county or out of state also requires court approval. I will vigorously assert your case in these hotly contested proceedings, whether you are seeking, or fighting the modification.

Child Support Issues

Child support is based on the parenting time arrangements and the parents' incomes. If combined income is below $120,000, mandatory guidelines are applied, with rare deviation. For combined income above that threshold, the court consider actual expenses and extended guidelines. A qualified lawyer can represent your interests in challenging or defending expenses on behalf of the child - private tuition, a private driver, or other expenses beyond basic needs that the child may be accustomed to.

My experience also extends to Maryland child support modification. Either party can seek to modify support if there is a "material change:" job loss or salary increase, remarriage, emancipation (graduation or turning 18). Determining real income can be very complicated if the paying parent is self-employed. I am adept at ferreting out true income and expenses, by subpoenaing bank records and other financial documents, or hiring forensic accountants.

For experienced defense of your interests in child custody or child support proceedings, or to learn how you can control the situation through ADR, contact my Rockville, Maryland office at (301)-738-7770. I accept all major credit cards.

Steven J. Gaba, Attorney and Counselor at Law

200 A Monroe Street · Suite 200
Rockville, MD 20850
Tel: 301.738.7770
Fax: 301.738.7771
E-mail