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Maryland Child Custody Questions & Answers
0 Answers | Asked in Child Custody and Child Support for Maryland on
Q: I am looking to get custody of my child from the state, wether that will be joint or primary custody

My child’s father sees him weekly but does not help me provide anything for our son. He sends me money but only in terms as he had maxed out my credit card and I told him he would have to pay it off. He has another child on the way and I would rather have primary custody seeing as he won’t have... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Maryland on
Q: How can I petition terminating guardianship of a minor who was previously a foster child with DSS?

The child was a former foster child and we were granted guardianship of the child. However the child has become extremely unsafe, has several mental health challenges and it's become way more than what we can offer to support them. Where would we go to petition the court, the juvenile court... Read more »

Mark Oakley
Mark Oakley
answered on Sep 17, 2022

You file in the Circuit Court for the county (or City of Baltimore) where you and the child currently resides. However, if the child is no longer under the jurisdiction of the Juvenile Court because he has reached the age of majority (18-21 years old) and has not otherwise been declared mentally... Read more »

1 Answer | Asked in Family Law, Child Custody, Criminal Law and Employment Law for Maryland on
Q: If person charged is an educator will this be on criminal record to impact employment or custody if no previous charges?
Scott Scherr
Scott Scherr
answered on Aug 20, 2022

Any criminal charges will show up on a background check and Maryland Judiciary Case Search. It certainly could affect your employment if you are convicted depending on the charge. You should speak with a lawyer.

1 Answer | Asked in Child Custody for Maryland on
Q: I have joint physical and legal custody of my 15year old! My child’s father moved out of the state

He changed his phone number and I have not heard from him in 18days! Our custody agreement states he is to provide a notice 90 days prior to moving! Just curious if I have grounds for emergency custody

Elizabeth Pugliese
Elizabeth Pugliese
answered on Jul 30, 2022

Emergency custody is if the child is in danger as in out of the country or actual blood on the floor. If the child is with the father, then you can file contempt if the child is not returned at the appropriate time. If the child is with you, then you can file to modify since the father seems to... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: I recently discovered I have a son. I would like to establish a relationship and be on the birth certificate.

I recently discovered through a DNA test that I have a son. His mother was married at the time to a real jerk of a man but was afraid to get a divorce. She told me she got an abortion and we broke things off. I lived the last 14 years not knowing she went ahead with the birth. My son was born in... Read more »

Mark Oakley
Mark Oakley
answered on Jul 2, 2022

You can file a petition to establish paternity. You say you're doing this for your son, but are you are really doing this for yourself? Your son has no idea that you exist or that the man he knows as his father is not his biological father. Have you considered the potential harm and... Read more »

1 Answer | Asked in Child Custody, Education Law and Internet Law for Maryland on
Q: Can I seek financial retribution from child academy for forwarding emails to other parent in custody battle situation?

The other parent and I were recently in a custody battle. While my child was at this daycare/center academy, the facility forwarded my emails asking about my child's progress and wellbeing to the other parent. They then used those emails as evidence against me in court (nothing negative was... Read more »

Mark Oakley
Mark Oakley
answered on Jun 18, 2022

Unless you had sole legal custody at the time your child was in daycare and the emails were sent, or there was some contractual agreement covering confidentiality of communications, both parents would have access to their child's records at daycare. Even then, that would not prohibit an... Read more »

1 Answer | Asked in Child Custody and Child Support for Maryland on
Q: My ex took away my son from me years ago. We never had an agreement set up on child support. Now she is finally giving

Me visitation so I have agreed to start paying again. If she takes away my visitation and doesn’t let me have him a couple days week and I take her to court, can she get me for back child support?

Mark Oakley
Mark Oakley
answered on Jun 15, 2022

The court can only order back child support dating back to (1) the date a petition for child support was filed in the court; or (2) in the case of an existing child support order entered in the past, back to the date child support was not paid during any eriod that the existing child support order... Read more »

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: How do I find out what type of custody my grandmother has of my child?

So let's start off with I was at 18-19 at the time. I didn't have a house nor a job unfortunately I was working but then I lost my job due to not being fast enough in a fast food restaurant. Lol "jokes on me" but anyways my grandmother called child protective services on me the... Read more »

Mark Oakley
Mark Oakley
answered on Mar 24, 2022

A non-biological parent cannot have enforceable legal custody without a court order awarding it. Therefore, look for a court case in your grandmother's name awarding custody to her. Such a court order would have to be issued only by the circuit court in the county where the child resided (or... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Maryland on
Q: Hi I am from Louisiana but recently moved to Maryland I have questions.

I received full custody of my son in 2019 after his dad was arrested for choking him and other things, my son's dad went back to prison in September 2019 for attempted murder on police and has been in there since, sentenced to 14 years. His father has a long record of violent offenses and... Read more »

Elizabeth Pugliese
Elizabeth Pugliese
answered on Feb 23, 2022

Yes you will need his signature. believe it or not, you will have to consent to your boyfriend adopting your son too. There is a process to go though. A good lawyer can guide you through this process.

1 Answer | Asked in Child Custody and Child Support for Maryland on
Q: Do I need a lawyer now that my child’s father is suing for sole legal and physical custody?

We have a currently child support case open this custody case opened after.

Mark Oakley
Mark Oakley
answered on Dec 24, 2021

Considering the consequences if you lose and he is awarded sole custody, I think you may wish to consider hiring a lawyer to insure that does not happen. Waiting until after you lose at trial is too late.

1 Answer | Asked in Family Law, Divorce, Child Custody and Child Support for Maryland on
Q: Where can I get a lawyer for a low income family?
Scott Scherr
Scott Scherr
answered on Dec 1, 2021

Contact Maryland Volunteer Lawyers Services, Legal Aid, or your local bar association.

1 Answer | Asked in Divorce and Child Custody for Maryland on
Q: My ex girlfriend and I live together with our two kids.It’s my house in my name. What rights does she have?

I want her to move out. I pay everything and the kids have my last name. What are my rights

Mark Oakley
Mark Oakley
answered on Nov 26, 2021

You have two issues: a landlord/tenant issue, and a custody/child support issue. If there's domestic violence going on, that is a potential third issue, or one which could arise based on how she reacts to whatever it is you do about the first two issues. The good news is (for you), you are... Read more »

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: Do I need permission from my ex-wife to get my kids covid tested.

I have 50/50 joint custody and my ex is anti-vax and anti covid-19 testing. I want to take my kids to a convention this weekend that requires testing and so I ran it by the kids first, with the intent to ask her after I talked to them. One of the kids told her before I had a chance and now... Read more »

Mark Oakley
Mark Oakley
answered on Oct 19, 2021

Is there a court order or judgment in place awarding one of you sole residential custody, or sole or final say in major medical decisions, or do you have shared custody or to you share those decisions equally? Is there a custody agreement in place that addresses the issue? You need to review your... Read more »

1 Answer | Asked in Criminal Law, Child Custody and Civil Litigation for Maryland on
Q: If I had a criminal charge expunged, can the police report

from the incident that led to my arrest be used as evidence in a civil hearing?

Mark Oakley
Mark Oakley
answered on Sep 18, 2021

No. First of all, the contents of a police report is hearsay, so unless the report has some non-hearsay evidentiary purpose, it will not be allowed over your objection even were the case not expunged. The police officer who wrote the report can be called to testify as to matters over which they... Read more »

1 Answer | Asked in Juvenile Law and Child Custody for Maryland on
Q: how do you obtain a order from juvenile court terminating jurisdiction
Mark Oakley
Mark Oakley
answered on Sep 16, 2021

Without more facts, this question is so broad as to not be answerable without writing a book to cover all possible scenarios that could have prompted the question. File a motion to terminate the court's exercise of jurisdiction. What possible legal basis you have that would entitle you to... Read more »

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: I’m legally married but had a child with another man. The other man is taking me to court. Can my husband,

Yet we are separated do anything legally to prevent the child with going with the other man. We are in md

Mark Oakley
Mark Oakley
answered on Aug 17, 2021

A child born to a married woman in Maryland is presumed to be the child of the husband. The actual biological father would have to petition to establish paternity through a blood test. Custody and visitation is a separate matter decided upon by the court. Once paternity is established, the... Read more »

1 Answer | Asked in Child Custody for Maryland on
Q: wife left about two and a half years ago and absent, has a closed child abuse case, confirmed by hospital, wants custody

My wife left about two and a half years ago. We believe mental illness to be involved. She hasn’t sought help and has been almost completely absent in that time. She, in august 2019, came home briefly and beat my daughter and left about 15 welts on her legs. She was terrified of spoons for about... Read more »

Timothy E. Howie
PREMIUM
Timothy E. Howie
answered on Jun 19, 2021

Unlikely. But the situation is apparently very complicated, and one can never be certain what one judge will do. You need to retain a lawyer.

1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: Can my soon to be ex wife claim back child support

We separated 8 years ago we came to the agreement that I can see my daughter every other weekend or as much as I asked and I would give her $500 a month I sometimes gave cash , money orders , and recently online payments to her account she is saying she is going to put me on child support and claim... Read more »

Mark Oakley
Mark Oakley
answered on Jun 10, 2021

She can get child support accounting from the date she files a petition for custody and support in court, so at any hearing the judge can award support going back to the date she filed. If there is a written agreement, or she can cobble together enough proof of an agreement, that you were to pay... Read more »

1 Answer | Asked in Child Custody for Maryland on
Q: hello my sister just passed and had no will what would i have to do to get custody of my niece or guardianship ?

the father is unkown

Mark Oakley
Mark Oakley
answered on May 20, 2021

Hire a family law attorney and file a petition for custody.

1 Answer | Asked in Child Custody for Maryland on
Q: How can I win my custody case if the people who were given temp custody are claiming to be defacto parents
Mark Oakley
Mark Oakley
answered on Apr 25, 2021

Prove you are the biological parent, and allege and be prepared to prove that you are a fit and proper person to have custody of your child. There is a very strong presumption that a child belongs with his or her biological parent, absent proof that the parent is a danger to the health or safety... Read more »

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