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Maryland Child Custody Questions & Answers
1 Answer | Asked in Child Support, Child Custody and Family Law for Maryland on
Q: How to stop child support after child graduates & turns 18 in MD?

I am a divorced father in Maryland and have been paying child support for over 13 years, with shared 50/50 physical custody of my two children. My eldest child is 19 and in college, while my youngest will turn 18 and graduate high school in May 2025. The other parent is aware of my intention to... View More

James L. Arrasmith
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answered on Apr 12, 2025

In Maryland, child support typically ends when the child turns 18 or graduates high school, whichever comes later. Since your youngest child will graduate in May 2025, you can file a petition to stop payments before then, but it’s best to file a few months in advance. This allows enough time for... View More

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: Can I change my daughter's school if my ex-wife moves? Custody is 50/50.

I have 50/50 custody of my 8-year-old daughter, who is currently in the second grade. She goes to school in the district where my ex-wife lives. My ex-wife mentioned she might move during the summer, which could potentially force a change in my daughter's school. We don’t have any specific... View More

James L. Arrasmith
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answered on Apr 13, 2025

With 50/50 custody, both parents typically share decision-making authority over major issues like school enrollment. Since your separation agreement doesn’t mention a specific school, any decision about changing schools should ideally be made together. If your ex-wife moves and the current school... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: Can a parent be forced to pay for daycare used by the other parent in a 50/50 custody arrangement?

I have a 50/50 custody agreement with my child's other parent, where we have 3 days on and 3 days off. The child's mother uses daycare for her custodial days because of her work requirements. However, I do not need daycare during my custodial days. There is no provision in our custody... View More

Mark Oakley
Mark Oakley
answered on Mar 31, 2025

A court can always modify a child support agreement in accordance with the Maryland Child Support Guidelines, which are mandated by statute and generally cannot be waived by agreement of the parents. So either parent can go to court to modify an agreed child support arrangement using the... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: Ex wants removal from birth certificate; biological father deceased.

I have a situation where my ex-partner, who willingly signed the birth certificate after acknowledging the child was not biologically his, now wants to be removed from it. The biological father is deceased, and my ex has been involved in the child's life. There are text messages indicating his... View More

James L. Arrasmith
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answered on Apr 13, 2025

When someone signs a birth certificate knowing they’re not the biological parent, they’re still legally presumed to be the parent unless a court says otherwise. Your ex may now want to be removed, but since he acknowledged the child and acted as a parent, the court will look at the best... View More

1 Answer | Asked in Child Custody, Child Support and Tax Law for Maryland on
Q: Can MD father stop child support due to unemployment?

I live in Maryland. The custodial parent has full parental rights, and the non-custodial parent (father) has court-ordered visitations on Sundays. He’s required to pick up the child for visits, and the custodial parent picks the child up afterward. The father is $17,000 in arrears for child... View More

James L. Arrasmith
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answered on Apr 12, 2025

No, a parent cannot simply stop paying child support in Maryland just because they are unemployed or not working a traditional job. A child support order remains legally enforceable until it is modified by the court. If the father is not meeting his child support obligation, even due to... View More

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Maryland on
Q: How can I safely pursue joint custody and protect myself from my threatening partner in Maryland?

I am scared of my children's father and want to obtain joint custody, but he refuses to let me break up with him, threatening to hurt me and take my kids. I have not taken any legal action against him, and currently live in a hotel with my kids until moving into my own place on April 1st. I... View More

Lee Eidelberg
Lee Eidelberg
answered on Mar 14, 2025

If your husband is placing you in apprehension of imminent serious bodily harm, you can petition the court (either District or Circuit) for a Protective Order. That Order could require your husband, by example, to refrain from having any contact with you, staying away from your current residence,... View More

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1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: Seeking pro bono custody assistance in Maryland for seeing children.

I am seeking assistance in Maryland for a custody issue concerning my children and need a pro bono family lawyer. The father currently has the children and is not allowing me, the mother, to see them, and we were never married. Are there specific legal aid organizations or programs in Baltimore... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 24, 2025

Maryland Volunteer Lawyer Service (MVLS) offers legal assistance through volunteer attorneys to persons of limited means. You can contact MVLS through their website https://mvlslaw.org/free-legal-help/ or by phone at 410-547-6537 (Mon-Thurs).

Additionally, the Circuit Courts offer pro se...
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2 Answers | Asked in Divorce, Child Custody, Child Support and Business Law for Maryland on
Q: How to draft a marital settlement agreement in a divorce with 5 children?

I'm currently in the process of a divorce and need to draft a marital settlement agreement. My spouse and I have five children, and we have discussed all the custody and support arrangements, as well as the division of assets and debts. How should I proceed with drafting the agreement to... View More

Mark Oakley
Mark Oakley
answered on Mar 6, 2025

Please hire a lawyer to do this. This is not a do-it-yourself project. You do not know what you do not know, and leaving necessary provisions out, or putting in the wrong provisions or wording, will cost a fortune in future litigation to try and reverse or correct, and potentially without... View More

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1 Answer | Asked in Family Law, Adoption and Child Custody for Maryland on
Q: If I already have full custody of my nephew & petition for adoption, could I lose full custody if my petition is denied

The biological parents have not had contact with the child in over 1 year and he has not been in their custody for almost 2

Mark Oakley
Mark Oakley
answered on Oct 3, 2024

No. Denial of adoption has no effect on your custody order.

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: When a Pendente Lite custody order was in place with shared legal custody for children. A grandparent baptized the child

Parent 1 and Parent 2 had a Pendente Lite custody order in place that stated shared legal custody for children. The final court order has since occurred and maintained the shared legal custody framework. It is now 2 years since the Pendente Lite Custody was initially put in place. It was recently... View More

John Michael Frick
John Michael Frick
answered on Jul 15, 2024

Given that no harm or injury was done to the child or to either parent, it is unlikely there is any legal penalty for the grandmother's action.

2 Answers | Asked in Family Law, Adoption and Child Custody for Maryland on
Q: Would my ex be allowed to have her new husband adopt our children without my consent.

My ex has sole legal custody and primary physical custody while I have visitation overnight once a week. She has done shady things behind my back before. I just need to know if she is allowed to give consent for that without having to consult me.

Scott Scherr
Scott Scherr
answered on May 2, 2024

Both parents must consent to an adoption under the law.

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1 Answer | Asked in Child Custody, Child Support, Public Benefits and Family Law for Maryland on
Q: How to get custody of child that have been in my care for 7yrs no legal paperwork state of Maryland gives me run around
James L. Arrasmith
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answered on Dec 31, 2023

In Maryland, if you have been caring for a child for seven years without legal paperwork, you may consider filing for legal guardianship or custody. This is especially pertinent if you have been the primary caregiver and the biological parents are not involved or unable to care for the child.... View More

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: I have sole physical / legal custody of my sons. Could I marry and move to Canada after a visitation schedule change?

The court order states that I need to let the courts and their father know about a move 3 months in advance. Their father lives here in town and has the boys 3 weekends a month. We have been divorced since September 2020. The boys are 8 and 6. I do have passports for the boys. I am concerned that... View More

T. Augustus Claus
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answered on Dec 29, 2023

As the custodial parent with sole physical and legal custody of your sons, you generally have the right to make decisions regarding their residence. However, if your court order specifies a notification requirement for a move, it is crucial to adhere to those terms. Before marrying and considering... View More

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: can the person who has full custody of me take custody of my baby if im 16 and pregnant ?
T. Augustus Claus
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answered on Aug 16, 2023

In situations like this, it's important to consider the best interests of both you and your baby. While laws vary by jurisdiction, generally speaking, being pregnant at 16 does not automatically affect your legal custody of your child. However, your situation might be influenced by factors... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: If the motion to compel documents was granted. Will sanction occur if documents are submitted in a timely matter after?

I’m the defendant. The plaintiff was granted motion to compel documents from me. They also requested sanction, asking that I pay his attorney fees. If I turn the documents in the time the they request (5 days), can I still be sanctioned?

Jason Ostendorf
Jason Ostendorf
answered on Aug 4, 2023

I see you're in Prince George's County. Although I'm a [Baltimore County child custody lawyer](https://www.ostendorflaw.com/practice_areas/maryland-child-custody-lawyer.php), the same principles would apply in your jurisdiction as we are discussing Maryland law generally.... View More

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: Do I need to file for any kind of custody in Maryland since their dad passed away a year ago?

My kids have lived with me for a year since their dad died. We did our custody order through Maryland since at the time he lived there and I gave him primary physical custody and we had joint legal custody. Awhile later he moved to WV and passed away. I’ve lived in PA for 6 years and my kids have... View More

Mark Oakley
Mark Oakley
answered on Jul 13, 2023

No, you already had joint legal custody to begin with--the equal to your ex. Now, you are the sole legal guardian of your children.

2 Answers | Asked in Arbitration / Mediation Law, Child Custody, Child Support, Divorce and Family Law for Maryland on
Q: What happen if I respond for a mediation meeting without being legally served? does it make me being legally served?

I was compelled to meet in a zoom meeting for mediation for child support in CA. But I already initiated a complaint for divorce, child support and custody in Maryland. Do I have to attend it? what is going to happen with the action in Maryland?

Mark Oakley
Mark Oakley
answered on Jul 12, 2023

You need a lawyer to review the jurisdictional issues. The Uniform Child Custody Jurisdiction and Enforcement Act has been codified in both CA and MD (and every other state, I believe) and there must be a hearing first to determine which state court will hear the case and exercise jurisdiction... View More

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1 Answer | Asked in Child Custody, Divorce and Family Law for Maryland on
Q: How long does it take to get a to get a divorce case that was obtained on major fraud in front of the Maryland Supreme C

It has already been appealed but the majority of the evidence found after the fact.

Mark Oakley
Mark Oakley
answered on Jul 1, 2023

An appeal from the circuit court goes first to the Appellate Court of Maryland (formerly called Court of Special Appeals). Although the Supreme Court of Maryland (formerly the Court of Appeals) has the discretion to take jurisdiction over an appeal pending before the Appellate Court, it rarely does... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: Am I within my rights to withhold a month's child support if he'll be with me that entire month?

He lives in MD, I live in CA. I'm passing for his airfare to come out per the agreement. She's expecting me to travel with him to take him back. I'll need that money for food and other expenses during his visit. The agreement was processed through a Maryland court so I'm sure it... View More

Mark Oakley
Mark Oakley
answered on Jul 2, 2023

If your child support order does not already include a waiver of child support while your child is with you exclusively for a month or whatever period of time you have him, then no, you cannot unilaterally withhold child support or take it to defray your costs. Only another court order modifying... View More

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: How do I go about getting a custody order that was given in Georgia back in 2017 enforceable in Maryland?
Mark Oakley
Mark Oakley
answered on May 7, 2023

In order to enforce an out-of-state judgment or order in Maryland (or in any other state) you need to first obtain an “exemplified” or “triple seal” copy of the order/judgment from the state that issued it. This is different from a regular certified copy. It requires three signatures... View More

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