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Questions Answered by Dawn Renee Gould

1 Answer | Asked in Family Law and Child Custody for Maryland on

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

Dawn Renee Gould answered on Mar 20, 2019

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... Read more »

1 Answer | Asked in Child Custody and Child Support for Maryland on

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

Sons father wanted an abortion, was verbally suicidal, showed no interest, hasn’t seen son in over a year and recently contacted said he was okay if things stayed the same. He admitted to looking on social media to see sons up bringing but no contact when in state (and at same work place) to see... Read more »

Dawn Renee Gould answered on Mar 20, 2019

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... Read more »

1 Answer | Asked in Child Custody for Maryland on

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

We have our child for a holiday coming up and then have them for a family event the next week. Their mother wants us to bring back from out of state for just 2 days of school. Then pay to fly them out again for the family event. It’s a lot of unnecessary travel for 2 school days. Do we have to do... Read more »

Dawn Renee Gould answered on Mar 20, 2019

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.... Read more »

1 Answer | Asked in Child Support and Family Law for Maryland on

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

child is now 15, was living between two households weekly due to joint custody agreement. Father was paying reduced child support due to joint custody. Father kicked child out his house and child has been living fulltime only (with mom) for over 6 months. Can child-support be re-evaluated and... Read more »

Dawn Renee Gould answered on Mar 18, 2019

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... Read more »

1 Answer | Asked in Divorce for Maryland on

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

He has taken all marital property and refuses to negotiate and sign an agreement. I do not have money to hire PI to prove adultery, and he is moving out of state soon. I know I will not know his whereabouts after the 12 month waiting period - what happens if I don't know where to serve final... Read more »

Dawn Renee Gould answered on Mar 14, 2019

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... Read more »

1 Answer | Asked in Child Support for Maryland on

Q: MD vs VA

Ex-wife is attempting to register/modify the child support order in VA, which was issued in MD. I still live in MD. Can I contest the registration/modification process?

Dawn Renee Gould answered on Mar 13, 2019

She can register it another state to enforce, but that state will abide by MD law when modifying it. MD law controls.

2 Answers | Asked in Divorce for Maryland on

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

Works. Should I tell the sheriff to serve the divorce papers to his job?

Dawn Renee Gould answered on Mar 14, 2019

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 +/-)

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2 Answers | Asked in Child Support for Maryland on

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

He says I have to pay while she is still being schooled? Is this true?

Dawn Renee Gould answered on Feb 27, 2019

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... Read more »

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2 Answers | Asked in Domestic Violence for Maryland on

Q: Expungement

I had an assault case but it was dismissed. What do I need to do to get it expunged? Can a lawyer help? I live in PG county, Md

Dawn Renee Gould answered on Feb 25, 2019

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.... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on

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

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

Sole legal and physical custody/ The custodial and non-custodial parent : Who is responsible for medical expenses ?My son is hospitalized and the insurance requires a co-pay, my... Read more »

Dawn Renee Gould answered on Feb 23, 2019

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... Read more »

1 Answer | Asked in Divorce and Family Law for Maryland on

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?

Dawn Renee Gould answered on Feb 23, 2019

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... Read more »

1 Answer | Asked in Adoption and Family Law for Maryland on

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

I’ve had full legal and physical custody of my son always. His bio father never met him, never contributed anything. He was a drug user and a criminal and he scammed me. It’s been almost 5 years with no contact. My fiancé is the only dad my son has ever known. My ex is vindictive and violent... Read more »

Dawn Renee Gould answered on Feb 23, 2019

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.

1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on

Q: Default hearing for custody

Were scheduled for a default hearing for custody, visitation and support for my child. We had a private processing server serve him but he didn’t respond in the time frame (30 days). An order of default was granted and a default hearing is scheduled, what should I expect at this hearing.What... Read more »

Dawn Renee Gould answered on Feb 23, 2019

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.

1 Answer | Asked in Child Custody, Divorce and Family Law for Maryland on

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

Our relationship isn’t healthy and my daughter isn’t close with him. I have proof of him leaving her in the dark for 30 minutes when I went to work. He cheats on me and for the first 4 months of when our youngest was born, he wasn’t there at all. CPS came and did an investigation and told me... Read more »

Dawn Renee Gould answered on Feb 23, 2019

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... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Maryland on

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

I was a virgin at the time of conception, so paternity is not in question. My ex stopped communicating as soon as he learned I was pregnant, so I am hoping the courts can hold him accountable as soon as possible.

Dawn Renee Gould answered on Feb 23, 2019

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... Read more »

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1 Answer | Asked in Divorce for Maryland on

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

I am originally from Maryland and I just moved back 2 months ago with my child after living in another state for a few years. My spouse and I agreed to separate/divorce by mutual consent after I moved back. I am reading that I must be a resident of the state for 6 months prior to filing. However... Read more »

Dawn Renee Gould answered on Oct 30, 2018

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.

1 Answer | Asked in Divorce for Maryland on

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

Dawn Renee Gould answered on Aug 31, 2018

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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