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Questions Answered by Evan M. Koslow
1 Answer | Asked in Family Law for Maryland on
Q: My child's grandparent has custody of her, her mother in jail. They live in Ohio. I want to get custody, what should do?
Evan M. Koslow
Evan M. Koslow
answered on Dec 8, 2014

Is there a prior court order? If so where is the court where the order was entered? If there is no prior court order you would need to file in Ohio (if the child has been living there for more than 6 months). If the court order was just between you and the mother (and not the grandparents), then... View More

1 Answer | Asked in Family Law for Maryland on
Q: My ex is asking for solo custody after 7 years of join custody.

He is asking for solo custody because my daughter lately she does not wants to come back to my house because she is been living with his mother and she very close to her so she say she miss her that why she would like to stay with her also she feel something may happen to her if she is not there.

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

Do not believe that there is a question posed here. If your ex already filed for a modification of custody, it is his burden to prove there is a material change of circumstance. Even if he proves this (which by the length of time since the last court order, he probably can), he still needs to... View More

1 Answer | Asked in Family Law for Maryland on
Q: How long do I have to wait for ex to pick up belongings?

Ex not listed as legal tenant on lease. Had to call cops first time came almost 3 weeks ago.

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

need a lot more information before any appropriate or general response can be provided. For example is the ex a husband/wife or boyfriend/girlfriend. Whose name is on the lease where you were staying, why did he/she leave, etc. a very general response is you should advise him/her that if he/she... View More

1 Answer | Asked in Divorce for Maryland on
Q: how do ichange my last name from married back to maiden
Evan M. Koslow
Evan M. Koslow
answered on Dec 8, 2014

You can request it at the time you get divorced. Otherwise, you can file a request for name change which has publication requirements and has an additional cost. There are forms and instructions here: http://mdcourts.gov/family/formsindex.html or you can hire an attorney to assist you.

1 Answer | Asked in Divorce for Maryland on
Q: what is appropriate relief ?

on form cc-dr 20

Evan M. Koslow
Evan M. Koslow
answered on Nov 18, 2014

It is a catch all phrase so that the court can award anything else they believe to be equitable.

1 Answer | Asked in Family Law for Maryland on
Q: Mother of my children put me on C.S but now the kids live with me. so am I supposed to be still playing child support

I was placed on child support. Three years ago. At that time the mother of my child and our daughter lived together. I just had a different mailing address but now my daughter lives with me should I still be paying child support.

Evan M. Koslow
Evan M. Koslow
answered on Nov 18, 2014

You need to file a modification of child support (and while you are at it Custody as well). If you do not file a modification of child support, the child support will not be changed (and cannot be changed retroactively prior to the date you file a modification of child support). You would do well... View More

1 Answer | Asked in Domestic Violence for Maryland on
Q: I lied on the police report of my boyfriend abusing me what will happen to me and him ? He now has arrest warrant

Police took photos of me which it was a scratch I did to my self but I lied in the scene saying he did all he was doing just trying to hold me down to sit me down I was throwing things at him scratching him

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

It is no longer up to you as to whether the state will prosecute your husband or not. If you have not previously used your marital privilege you can and as the only witness, it is unlikely the state would proceed. I would also note that you should be careful what you write in open forums as what... View More

1 Answer | Asked in Domestic Violence for Maryland on
Q: I called my husband for domestic violance he now has an arrest warren he does not know yet ....

I lied to the police officer of him hitting me ... I actually was hitting on him throwing things at him all he was doing was trying to grab my hands and sit me down to calm down I have I child involved with and do not kno what to do I want to drop the arrest warrant but I not kno how

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

It is no longer up to you as to whether the state will prosecute your husband or not. If you have not previously used your marital privilege you can and as the only witness, it is unlikely the state would proceed. I would also note that you should be careful what you write in open forums as what... View More

1 Answer | Asked in Family Law for Maryland on
Q: How can I get guardianship of my niece?

How can I get guardianship of my niece? My younger sister has 3 kids, her oldest in 9. My niece has stayed with me on an off her whole life because my sister was a teenage mother. Now with 3 kids my sister is struggling to keep a job. Needless to say my sister do not have a high school education... View More

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

I would recommend speaking to a family law attorney about what options you have beyond guardianship which will provide you with a greater ability to care for your niece. The Court will have to be involved in both a guardianship and custody matter. In addition, the father also needs to be involved... View More

1 Answer | Asked in Domestic Violence for Maryland on
Q: My boyfriend is facing serious assault charges against me I don't want to proceed what do I do

He had two knives but the neighbor called the cops I did not file charges I don't want him doing time cause of me could talk to his lawyer or something

Evan M. Koslow
Evan M. Koslow
answered on Nov 12, 2014

Its up to the State whether or not to prosecute. Since you are not married to him, you do not have any privileges that you can invoke. As such, if you do not testify, the Court can find you in contempt.

1 Answer | Asked in Family Law for Maryland on
Q: Does an ex-husband have to pay for a child not his but is born during the marriage
Evan M. Koslow
Evan M. Koslow
answered on Nov 12, 2014

a child born during a marriage is presumed to be the Husbands. Unless your ex-husband can prove the child is not his, he will have access right to the child and child support guidelines will apply (to determine the amount of child support obligation either of you would be required to pay). Child... View More

1 Answer | Asked in Family Law for Maryland on
Q: As a stepmother am I legally allowed to pick my step son up from the mother for our scheduled visit?

My husband has to work for part of the visit and cannot pick his son up. The mother is saying that her new husband will not release the son to me. I have picked the son up before, the mother has a long history of being unreasonable. Am I legally allowed to pick him up? Even if it is not... View More

Evan M. Koslow
Evan M. Koslow
answered on Nov 12, 2014

If the court order does not say you CANNOT pick up the minor child, then you can pick the minor child up. I do not know why you would have a lawyer (your husband should have a lawyer since it is his son). There are other nuance that can come in and if there are continued issues between your... View More

1 Answer | Asked in Family Law for Maryland on
Q: When one (of two) children reach age 18, does the child support drop by half?
Evan M. Koslow
Evan M. Koslow
answered on Nov 12, 2014

The parent obligated to pay child support will need to file a Motion to Modify Child Support. The parties current gross income will be used and what the cost for the minor child's health insurance premiums will be add to the column of the parent paying said expense (other possible expenses for... View More

1 Answer | Asked in Domestic Violence for Maryland on
Q: Do u have to be Married n Maryland Not to testify against ur partner n A DV assualt case
Evan M. Koslow
Evan M. Koslow
answered on Nov 3, 2014

In order to invoke what is called a marital privilege, you must be married to the defendant at the time of the hearing. You are only able to invoke it once.

1 Answer | Asked in Child Support for Maryland on
Q: Non custodial parent is pregnant and stating she has been laid off, $0 income. Her spouse is a dr. Chances of $0 supp?
Evan M. Koslow
Evan M. Koslow
answered on Nov 3, 2014

I need clarification from what you asked in order to respond. Is child not born yet? Who is seeking child support? Are the parents separated? etc.

1 Answer | Asked in Family Law for Maryland on
Q: I'm 17, my mom is very overbearing & verbally abusive. Could I legally live with my half sister in PA?

My mother is constantly screaming at my brother and I. I tell my therapist but..she doesn't wanna call social services or anything. She wants us out of that house, and said I could legally leave at 17 without emancipation. Is this true?

Evan M. Koslow
Evan M. Koslow
answered on Nov 3, 2014

If your half sister is over 18 and wants to become your guardian you can ask her to do so and if your mother consents to this it will be easy to accomplish. I would recommend speaking to an attorney who is licensed in both Maryland and PA as you may need to file for guardianship in PA.

1 Answer | Asked in Family Law for Maryland on
Q: Where to get forms, for a step-parent adoption in the state of Maryland in Baltimore county.

The biological father has agreed to sign over right and my wife the mother has agreed to everything.

Evan M. Koslow
Evan M. Koslow
answered on Nov 3, 2014

Baltimore County circuit court should have forms.

1 Answer | Asked in Family Law for Maryland on
Q: My husband walked out over a year ago and I don't know where he is, I have no money, so how do I file for divorce?

He left us homeless and with no money. He has had no contact with our kids or myself in a little over a year. I have had no help supporting our kids. We have been married for 15 years and I was a house wife for 12 years of that time. I tried to file for divorce but was told I have to have an... View More

Evan M. Koslow
Evan M. Koslow
answered on Nov 3, 2014

You need his last know address. If he cannot be personally served then you need to request alternative services (after trying to serve him). I understand you state you have no money and cannot afford an attorney, but there are attorneys that may consider doing low-bono work if the facts are... View More

1 Answer | Asked in Domestic Violence for Maryland on
Q: Voilation of probation and get a new charge in md what happens
Evan M. Koslow
Evan M. Koslow
answered on Oct 23, 2014

You should speak to a criminal defenses attorney.

1 Answer | Asked in Family Law for Maryland on
Q: if one parent takes their minor child to mexico does she hav to get the dad to sign each time she takes the child their?
Evan M. Koslow
Evan M. Koslow
answered on Oct 23, 2014

Depending whether or not there is a custody order in place and if so what the custody order says would determine whether or not the father would have to sing each time the child is taking outside the United States. If there is no Court Order then the likely answer is yes.

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