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Questions Answered by Marie-Yves Nadine Jean-Baptiste
1 Answer | Asked in Family Law for Maryland on
Q: My fiance just died and I'm trying to get all the kids insurance and everything put in my name and I am on the birth can
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Sep 18, 2020

I am truly sorry for your loss. Unfortunately, your question is cut off. I would suggest that you repost it.

1 Answer | Asked in Elder Law and Nursing Home Abuse for Maryland on
Q: I have documentation that some nursing homes if not all do not refund to the residents, overpayments of their private

pay for room and board and nursing services when admitted to a hospital, 3 days or longer, or in an associated Rehabilitation medical facility which is paid by Medicare. In other words, Medicare and or Medicaid pay for the resident's room and board and other covered services by Medicare paid... View More

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Sep 18, 2020

Sounds like both. You may need to report this to both agencies.

2 Answers | Asked in Child Custody for Maryland on
Q: If both of my parents have custody and, i want to stop going to my dads/stepmoms house am I aloud to resist going?
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Sep 18, 2020

This answer is complicated--it depends. It depends on your age. At a certain point, the court will take into account your age and preference. Your parents have to follow the order as written. If they don't then they are in contempt of court.

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1 Answer | Asked in Child Custody for Maryland on
Q: Custody of my granddaughter and also become a foster grandparent for her?

My daughter is an alcoholic and getting sicker. I want to go to court to apply for custody.

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Sep 18, 2020

I am sorry to hear about your daughter. Yes, you can petition the court for third party custody. However, it is not something you should do without the assistance of counsel. Unless the Department of Social Services is involved, it is unclear as to how you can be a foster parent for your... View More

2 Answers | Asked in Domestic Violence for Maryland on
Q: Hi, My final protective order was dismissed. Will shielding hide the interm and temporary RO too?

I was granted an interm and a temporary restraining order against my sister-in-law, but the final protective order was dismissed b/c all of my evidence came from my brother-in-law’s phone and he was not present at the hearing (he had given me copies of all of the texts and voicemails).

If... View More

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Sep 18, 2020

It will hide the entire record from public view. Once the final is denied, the temp and interim do not matter. They are expired. If you believe that you have reason to contest, then yes.

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1 Answer | Asked in Family Law for Maryland on
Q: My wife and I have been married for 6years. She was a divorce and is trying to put me out. Can she do that?

I've contributed finally to the apartment with rent and utilities. My name isnt on the lease

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Sep 10, 2020

I suggest you contact an attorney for a consultation to discuss your rights to the apartment and your responsibilities for the rent and utilities. It is a marital home but your name is not on the lease so there are some special issues there.

1 Answer | Asked in Adoption, Child Custody and Family Law for Maryland on
Q: Can the biological father of a child that’s been adopted has a way to be in the child’s life?

The father had no idea that his daughter was being put up for adoption cause he was incarcerated

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Sep 9, 2020

If the father has been released, he can petition the court for access. It is unclear from the facts whether he will prevail or not. Either way, it is not something that I'd recommend he should take on by himself, he does need counsel.

1 Answer | Asked in Family Law for Maryland on
Q: Proposed orders

I had a child custody hearing do I follow the new proposed orders or do I continue to follow court orders that were in place until signed by a judge and sent to me? In Maryland Ordered my magistrate I do not agree with orders

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Sep 9, 2020

Unless exceptions have been filed, you and the other parent can follow the new orders entered by the Magistrate.

2 Answers | Asked in Estate Planning for Maryland on
Q: How do I decline being a trustee after having accepted?

My friends asked me to be the trustee of their son who has a disability. I didn't know what that meant and I tried to decline and they told me it wasn't that hard. That I would be the local person and his sister would be making the decisions. I didn't research it and agreed.... View More

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Sep 4, 2020

Without seeing the trust agreement, I can only answer based on the facts you have provided. Usually the trust agreement will advise you as to how to resign as the trustee. If it's silent, then I suggest you talk to the sister about passing the torch and then following up your resignation in... View More

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1 Answer | Asked in Divorce and Family Law for Maryland on
Q: Im 22 (m) and my mom wants to divorce my step-father. Is there any legal way to have him stay as my step-father?

He has helped me through high school and college now and has been very beneficial to my life. Now my mom is deciding to divorce and I'm about to lose my step-father, but I don't want to. I love my step-father a lot.

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Sep 1, 2020

You are old enough to have a relationship with your step-dad without any court involvement. You are also old enough to make a decision as to whether you want to reside with him--it is no one else's decision but yours.

1 Answer | Asked in Family Law, Domestic Violence and Probate for Maryland on
Q: If someone is under legal adult guardianship in one state and living in another, which state do I contact APS in?

If I need to contact Adult Protective Services for someone in an abusive adult guardianship situation, should I be contacting them in the state the person is living in or in the state of jurisdiction for the guardianship?

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Aug 30, 2020

To be safe, I think you should contact both. There is no penalty for doing so. Especially if you believe that this person is being abused in some way.

1 Answer | Asked in Contracts for Maryland on
Q: can an hoa obligate funds in current budget for contracted services in the following year?

For example, we are planning to do a reserve study in 2021. It is in the 2020 budget, but since the work is not being done in 2020 can we sign a contract for 2021 and have the work done in 2021.

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Aug 29, 2020

Yes, you can always contract for future work--some vendors like to get paid for their work in advance to secure your spot. Check the HOA's governing documents and see if this is against the policies set out in the documents. If so, then you should follow it. If not, then contracting for future... View More

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: If a married couple separate and break their lease can they split the balance?
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Aug 25, 2020

Yes, that is always a good idea. That way one person does not feel as if he/she is carrying the responsibility of the debt. Make sure to get a receipt or confirmation of payment. Please keep in mind that if both of your names are on the lease, you are both jointly liable for the balance. So, if one... View More

1 Answer | Asked in Estate Planning for Maryland on
Q: Is there a specific legal form I need to sign to waive or reject my inheritance?
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Aug 24, 2020

There isn't a form on the Register of Wills' website that would accomplish this. You should reach out to a local attorney to inquire about he/she assisting you with preparation of a proper disclaimer. It need not be anything fancy but it would be worth it to consult with an attorney about... View More

1 Answer | Asked in Child Custody for Maryland on
Q: Is it legal to offer cash to a co parent in exchange for them agreeing to a parenting plan?

My daughter's father and I currently live one hour apart. I would like to move about two and a half hours away from him, with him driving the same amount as he currently does and I will make up the difference. This move would make a huge difference financially. Would it be illegal for me to... View More

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Aug 24, 2020

I don't think it's a wise idea to do so. You can offer to pay for travel expenses and you should obtain counsel to at the very least help you create a child custody agreement in a more formal manner. That way you and your child(ren) are protected in the event things don't work out as... View More

2 Answers | Asked in Divorce and Civil Litigation for Maryland on
Q: Can my spouse place tresspassing notice on my girlfriend that he allowed me to have? We are both on the lease!
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Aug 18, 2020

It sounds like you and your spouse are in a polyamorous relationship and has agreed to allow a third party to have access to the both of you and your home. Under those circumstances, your spouse can always revoke his consent. Given that you and your spouse have equal rights to occupy the home, it... View More

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2 Answers | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: (MD) Child support filed on father not on birth certificate. Does the mom need to file for sole custody in family court?

Child support was filed with the state. The Mom was advised because paternity will now be legally established, sole custody should be filed with family court as well.

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Aug 18, 2020

Without knowing the exact facts of the case and all parties involved, if that is the advice that she received, then she should follow it. You are correct in that a paternity action must be filed. Once paternity is established, mom can file for child support and custody. Good luck!

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2 Answers | Asked in Child Custody and Child Support for Maryland on
Q: How do you find out if child support goes up with new order for custody

I filed a motion for custody for schooling an had mentioned about child support in the motion went to trial got the new order of there recommendation but it don't mention anything about child support an its been the same amount for almost 5yrs even with reasonable parenting time but now... View More

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Aug 16, 2020

It sounds like you will need to file a new petition for a child support modification and gather all of your evidence that you believe will prove why the amount needs to change. Good luck!

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1 Answer | Asked in Child Custody for Maryland on
Q: My neighbor is 14. While in her mothers care, the mother OD’d / she saved her. Custody -50-50. Does she need to go?

The mother also just recently got a do you DUI and DWI. The daughter is traumatized and does not want to go, she wants to be legally with her father all the time. Can you help us tell us what to do

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Aug 12, 2020

You can have dad file an emergency petition for custody. However, doing so requires additional documents such as a motion to shorten time. I do not suggest you or dad undertake this without the assistance of counsel. You should also contact your local Department of Social Services and file a report... View More

2 Answers | Asked in Child Custody for Maryland on
Q: Shared legal custody/tax filing

My sons father has primary physical custody(he has him 3 days more than i a week depending on the mo th and holidays we split) and and we have shared legal custody, can i claim my son on my taxes?

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Aug 11, 2020

If you have shared physical custody AND you are both entitled to claim the minor child(ren) during tax time, under the Internal Revenue Code, if you can't agree on who should claim or you don't alternate, then the parent who has the highest income is the tie-breaker and is entitled to... View More

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