Questions Answered by Dawn Renee Gould

Q: we have joint custody but the mother has physical custody. Can you move out of state with our 8 year old?

1 Answer | Asked in Family Law and Child Custody for Maryland on
Answered on Mar 20, 2019
Dawn Renee Gould's answer
It depends upon what your court order states regarding custody/access and moving. If you have custody/access and her move disrupts/hinders it, then you can file contempt because your access/custody rights have been violated. Carefully read your court order. If you don't have a court order, I would file for a custody order.

Q: Chance of full custody if sons father hasn’t been a part in over a year and has shown no interest of being a part

1 Answer | Asked in Child Custody and Child Support for Maryland on
Answered on Mar 20, 2019
Dawn Renee Gould's answer
No attorney can guarantee what a court will do. Custody involves many factors and it also depends upon what is testified to at trial by you, him, and witnesses, if there is a trial. Much more information would be needed to assess the probability of you getting court ordered physical and legal custody. You may also try to resolve it through agreement rather than litigation. An attorney can draft a custody agreement and see if he signs it, then file it with the court. But again, too many...

Q: Is there anything mother can do about father allowing child to miss 2 days school for a visit? She has tie breaker.

1 Answer | Asked in Child Custody for Maryland on
Answered on Mar 20, 2019
Dawn Renee Gould's answer
That's really a loaded question. It depends upon what your custody agreement states regarding access/visitation. If the mother of the child has tie-breaker regarding access/visitation then yes, she can file contempt if you don't bring the child back, again, depending upon what your order states. Additionally, if the child misses school without the mother's permission and the child is in your custody then that can be seen as an additional cause for contempt. An attorney may better assist you...

Q: can childsupport be increased if child no longer lives with father, who had joint custody. (kicked child out his house)

1 Answer | Asked in Child Support and Family Law for Maryland on
Answered on Mar 18, 2019
Dawn Renee Gould's answer
Yes. You can file a motion to modify child support but be prepared to prove with evidence that the child is no longer staying the requisite overnights. As a cautionary measure, I would also file a motion to modify custody. The courts may very well not modify child support until the custody is finalized, additionally, you wouldn't an order for custody with joint custody if that's not what's occurring. Child support and custody are always modifiable and you need to prove that a material change...

Q: Husband left Jan 2019. I'm willing to wait 12 months; however, he is moving out of state. Refuses no-fault option

1 Answer | Asked in Divorce for Maryland on
Answered on Mar 14, 2019
Dawn Renee Gould's answer
I would file for divorce ASAP so that you can serve him while he is still living here. He will then have to return here for any and all court dates. You can file for a limited divorce if you don't meet the grounds for an absolute divorce and then upon meeting any ground for absolute divorce, you just amend the original pleading.

Q: MD vs VA

1 Answer | Asked in Child Support for Maryland on
Answered on Mar 13, 2019
Dawn Renee Gould's answer
She can register it another state to enforce, but that state will abide by MD law when modifying it. MD law controls.

Q: I was separated from my husband 9years. I am ready to get a divorce. I don't know where he lives; however, I know where

2 Answers | Asked in Divorce for Maryland on
Answered on Mar 14, 2019
Dawn Renee Gould's answer
You can do that yes. Most attorneys also have contacts with private process servers to serve papers which isn't as "shocking" as having a sheriff show up. Private process servers often cost the same as a sheriff ($40 +/-)

Q: My husband hasn't forced my daughter to finish school (homeschool) she's 19 and I'm still paying child support.

2 Answers | Asked in Child Support for Maryland on
Answered on Feb 27, 2019
Dawn Renee Gould's answer
Not true. If the child is 18 and still enrolled in school, then yes, but once the child turns 19 your obligation stops. HOWEVER, if you have a court order to pay, it does not stop automatically, you should file a motion to terminate child support based on the fact that she is 19. If you have an agreement between the two of you and NOT a court order, then you pay according to your agreement, you can still file to set aside the agreement though.

Q: Expungement

2 Answers | Asked in Domestic Violence for Maryland on
Answered on Feb 25, 2019
Dawn Renee Gould's answer
This is the link for the brochure on how to expunge records. You can also hire a lawyer to do it for you. More often than not, it's just filling out paperwork and filing it with the court agencies.

https://www.courts.state.md.us/sites/default/files/import/accesstojustice/pdfs/04redexpungementbrochure2015.pdf

Q: My ex- husband has sole and physical custody of my kid in MD. who is responsible for the child medical expenses ?

1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Answered on Feb 23, 2019
Dawn Renee Gould's answer
If a Judge didn't sign an Order, then you don't have an Order at all. If you signed an agreement with your ex, then whatever the agreement states, is what you need to abide by unless you file to strike the agreement. If you don't abide by it or even if he doesn't abide it, one or both of you can file contempt for violating the agreement. By law, both parents have a right to access medical and school records. Legal custody means the right to make decisions on the medical care, not the right...

Q: In court last week there was a new court order made but has not been signed yet. Is the previous court order in place?

1 Answer | Asked in Divorce and Family Law for Maryland on
Answered on Feb 23, 2019
Dawn Renee Gould's answer
If the Judge ruled on the record then that ruling is an Order. However, your question is very vague. The ruling could've been only a ruling on a certain issue which means that all other orders are still valid regarding other issues. Your question is lacking too much information to truly tell what occurred.

Q: Can I get my son’s bio fathers right revoked so my fiancé can adopt him?

1 Answer | Asked in Adoption and Family Law for Maryland on
Answered on Feb 23, 2019
Dawn Renee Gould's answer
No, he will have to be served. He has a right to a hearing on terminating his parental rights, which must be done prior to a hearing on adoption.

Q: Default hearing for custody

1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Answered on Feb 23, 2019
Dawn Renee Gould's answer
Typically, an Order of Default is granted in these types of scenarios but also the other parent may show up for the hearing, even though the other parent didn't file an Answer. Regardless, testimony will be taken a the hearing and the Judge will make a ruling based on the testimony and evidence.

Q: I’m separating from my husband &want to move out of Maryland to another state and there’s no custody arrangement

1 Answer | Asked in Child Custody, Divorce and Family Law for Maryland on
Answered on Feb 23, 2019
Dawn Renee Gould's answer
It's probably prudent to file for custody prior to moving. However, without a custody agreement, you are free to move anywhere. The risk that you run if you move with your daughter is your husband filing for custody and then you'll have to return to MD to defend the suit. You said that you are separating so a custody agreement can be part of your separation agreement and if he agrees to all property distribution as well then you won't have a waiting period to get divorced.

Q: In Maryland, can I obtain child support while pregnant or at least begin the process before the child is born?

2 Answers | Asked in Child Custody, Child Support and Family Law for Maryland on
Answered on Feb 23, 2019
Dawn Renee Gould's answer
Paternity is never irrelevant. The father can always ask for a paternity test when the child is born. He can also just sign the Affidavit of Parentage which legally recognizes him as the father. You cannot get child support until the child is born and you cannot start the process for child support until the child is born. Once the child is born, you can file for custody and child support, but only after the child is born and only after the father agrees that he is the father. By law, a...

Q: Can I file for divorce if I just moved to Maryland and we agreed to a mutual consent divorce after I moved?

1 Answer | Asked in Divorce for Maryland on
Answered on Oct 30, 2018
Dawn Renee Gould's answer
If the ground for divorce occurred in Maryland, you need only be currently living in Maryland at the time you file for divorce. Where the grounds for divorce occurred outside Maryland, you or your spouse must have lived in Maryland for at least six months before filing your divorce complaint.

Q: If I receive a huge raise after my divorce, will it affect my spousal support payments?

1 Answer | Asked in Divorce for Maryland on
Answered on Aug 31, 2018
Dawn Renee Gould's answer
It may affect your payments but it depends upon what your Court Order states. Additionally, your ex would have to file to modify the payments and then the Court would hold a hearing to determine the accurate amount based upon the calculations.

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