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Questions Answered by Evan M. Koslow
1 Answer | Asked in Family Law for Maryland on
Q: I need to leave my abusive husband. what do I need to document so I don't lose property rights in the future.
Evan M. Koslow
Evan M. Koslow
answered on Dec 30, 2014

Depending on what property you speaking of and how they are titled, would determine the appropriate response. In addition if he is abusing you, you should file for a protective order, immediately (and/or call the police). You would also do well to schedule a consultation with an attorney who can... View More

1 Answer | Asked in Family Law for Maryland on
Q: How can I take my son's father off child support
Evan M. Koslow
Evan M. Koslow
answered on Dec 19, 2014

Much more information needs to be provided, such as what each of you earn, what the current custody arrangement is between the two of you, etc., before even a general response can be provided.

1 Answer | Asked in Family Law for Maryland on
Q: Got married in California and now reside in Maryland. Which state do we file divorce?

If applicable in MD and granted. Do i send copy of decree to California Court? if so which one?

Evan M. Koslow
Evan M. Koslow
answered on Dec 19, 2014

You file divorce in the state you reside in. Unless you have a fault ground, you will need to be a resident of Maryland for 1 year before you can file for divorce.

1 Answer | Asked in Domestic Violence for Maryland on
Q: What is the statute of limitation in Maryland for filing intimate partner violence charges from date of the incident?

My ex-boyfriend used to mentally, physically and later on sexually abuse me when we were together. I have several police reports for separate incidents. I finally left him and I got a Maryland Peace Order but I never pressed charges for any of the incidents because I did not want to get him in... View More

Evan M. Koslow
Evan M. Koslow
answered on Dec 17, 2014

If you filed a police report. The police/state's attorney will determine whether or not to file criminal charges against the person.

1 Answer | Asked in Child Support for Maryland on
Q: When paying chikd support in Md. It is true that only 60 percent can come out of His pay. So we share that 60percent
Evan M. Koslow
Evan M. Koslow
answered on Dec 17, 2014

There are maximum percentages for child support arrears that can be taken out of his pay, as well as, whether or not there are other obligations being taken out of his pay, to determine what percentage will be taken out. Not sure what you mean about sharing that 60%.

1 Answer | Asked in Divorce for Maryland on
Q: I currently live in Maryland and my spouse lives in North Carolina, how do I file for divorce?
Evan M. Koslow
Evan M. Koslow
answered on Dec 17, 2014

Depending on if there are minor children involved and other facts not presented in your question, will determine whether you should and/or can file in a certain state.

1 Answer | Asked in Family Law for Maryland on
Q: My son's father is not on the birth certificate, can I move out of State with my son?

What rights does his father have if there's no true legal paperwork!?

Evan M. Koslow
Evan M. Koslow
answered on Dec 17, 2014

If you know he is the father, it does not matter if he is on the birth certificate. Both parties are free to move where they please. However if the move will effect the ability to have access then either party can file of custody/visitation. If you leave without an agreement the father could file... View More

1 Answer | Asked in Family Law for Maryland on
Q: My children's father hasn't paid the full amount since March of this year. He now has filed a 7th modification. what now
Evan M. Koslow
Evan M. Koslow
answered on Dec 17, 2014

7th Motion to Modify child support? You should file for Contempt. Office of Child Support may be able to help represent you, otherwise you should seek the guidance of an attorney.

1 Answer | Asked in Family Law for Maryland on
Q: if a father contests for child custody and cant attend court what happens next. the father lives out of the country

and is not allowed back in the country

Evan M. Koslow
Evan M. Koslow
answered on Dec 17, 2014

Depending on why he is not allowed back in the country and a bunch of other facts that are not present here, will determine what the court may or may not do.

1 Answer | Asked in Family Law for Maryland on
Q: Can my wife be awarded relief in a divorce case as a defendant if she failed to filed a counter complaint? She did file

an answer. Both parties are pro se. I am the plaintiff and she is the defendant I filed the complaint but she only filed an answer. She did not ask for any relied like custody, alimony etc.

Evan M. Koslow
Evan M. Koslow
answered on Dec 17, 2014

Depending on the relief, wife can still obtain similar relief that you are requesting. However, for example, if you did not request alimony and she is trying to receive alimony, but never filed a counter-complaint, it is unlikely that the court would consider awarding her alimony.

1 Answer | Asked in Family Law for Maryland on
Q: Father has physical custody. Mothers address is unknown. How do we have hearing without the mother

Mother is an active drug addict and is MIA. Can't be served.

Evan M. Koslow
Evan M. Koslow
answered on Dec 17, 2014

You need to try and serve her. If you cannot you can ask for alternative service, such as publication. After a certain period of time has passed, you can file for default. Although this may seem easy, it is not, and you would do well to hire an attorney to help you through this process. If it... View More

1 Answer | Asked in Family Law for Maryland on
Q: I was given sole custody of my infant grandson. His mother and father are both addict s and felons. Can they take him?

The father is in jail now and has been for a while. Hes not listed on the birth certificate and we arent even sure if hes the father. If he turns out to be the father, can he take my grandson frm me?

Evan M. Koslow
Evan M. Koslow
answered on Dec 17, 2014

If he is in jail, he will likely not be successful. However, once he is out and he files for custody, and it is proven that he is the father. You as "third party" custodians would have to prove that he is unfit and/or exceptional circumstances have occurred. Even if you prove that then... View More

1 Answer | Asked in Family Law for Maryland on
Q: I live in Maryand. My daughter resides in AR. There is a existing order in MD. The mother wont let me see my daughter.

The Mother lost her rights in AK. What can I do. The grand parents ill not let me see her?

Evan M. Koslow
Evan M. Koslow
answered on Dec 17, 2014

There are a lot of options for you, both here in Maryland and in AR. I would contact an attorney in both MD and AR and have representation ASAP so you can get your daughter back.

1 Answer | Asked in Family Law for Maryland on
Q: Can the court give relief in absolute divorce if no counter complaint is filed? An answer was filed.

Both pro se. I am the plaintiff. She did not ask for relief in her answer. Just admitted or denied my pleadings,

Evan M. Koslow
Evan M. Koslow
answered on Dec 16, 2014

The Court as a court of equity can provide any relief it deems necessary. However, with that being said, if there is completely different type of relief being requested by the defendant (i.e. you are not asking for alimony but she is), it is possible for the Court to deny the request since a... View More

1 Answer | Asked in Domestic Violence for Maryland on
Q: if you call the cops for domestic violence against your husband what will happen
Evan M. Koslow
Evan M. Koslow
answered on Dec 8, 2014

Depending on the evidence and facts of the case, the police can arrest the husband. At which time criminal charges would likely be filed and the police would recommend to the victim to file for a protective order.

1 Answer | Asked in Child Support for Maryland on
Q: Non custodial parent had baby and is stating she has been laid off and has therefore asked for a modification.

By the time we get into court, her baby will be over 8 weeks old and mother should have a job. She won't though b/c she wants to be a stay at home parent. Her spouse is a doctor and financially supports her. How should we position ourselves so the little she pays now doesn't go away?... View More

Evan M. Koslow
Evan M. Koslow
answered on Dec 8, 2014

You would do well to consult with an attorney and hire one. Proving voluntary impoverishment, is difficult to do, especially with an new born child (even if the new child is not the custodial parents child). A longer discussion with an attorney than one via an open forum is needed.

1 Answer | Asked in Child Custody for Maryland on
Q: To register a foreign custody order would I have to appear in front of a Judge? I moved from NC to MD.
Evan M. Koslow
Evan M. Koslow
answered on Dec 8, 2014

No. There are forms and instructions here: http://mdcourts.gov/family/formsindex.html that explain what needs to be done to enroll a custody order in Maryland. You can do this on your own or higher an attorney to help you through the process (and advise you whether it is even necessary to enroll... View More

1 Answer | Asked in Family Law for Maryland on
Q: My daughter will be 18 in 2 years we don't agree she can make good choices how do I go to court and keep her from moving
Evan M. Koslow
Evan M. Koslow
answered on Dec 8, 2014

Unless there is a medical issues that prevents her from being able to make decisions on her own (i.e. a doctor has stated that she is unable to make decisions), then there is nothing you can do to prevent your daughter from making any decisions she decides to make once she is 18.

1 Answer | Asked in Family Law for Maryland on
Q: Do I have to pay my ex-mother in-law to watch my child after school?

Do I have to pay my ex-mother in-law to watch my child after school? My ex got in argument with babysitter and terminated their service, now has her mother watching our child. Mu ex-mother-in-law is not a US citizen and does not have green-card.

Evan M. Koslow
Evan M. Koslow
answered on Dec 8, 2014

Whether you and/or your ex pays your ex-mother-in-law is up to you, your ex, and your ex-mother in law.

1 Answer | Asked in Family Law for Maryland on
Q: Ijust had my baby my boyfriend threatens me he will take my daughter without my permision what can ido what rightdoihave

Iam 15 yrs old and he is 19, Ilive with both my parents and my parents are responsible for me. On the other hand my boyfriend has gotten more violent with me and says he will even get to the extreme of hitting me if idont let him take her and that he can also take me to court and say that my dad... View More

Evan M. Koslow
Evan M. Koslow
answered on Dec 8, 2014

You should file for custody immediately. You would do well to consult an attorney as well.

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