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Maryland Family Law Questions & Answers
0 Answers | Asked in Family Law for Maryland on
Q: My ex-husband passed away this year. Am I entitled to any of his benefits, such as life ins, pension or social security?

My ex-husband passed away this year. We were married for nine years and divorced in 2008. We both are 52 years old. My ex-husband has adult children and no will. Am I entitled to any of his benefits, such as life insurance, pension or social security? I was listed as the beneficiary on all... View More

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: Can I have my husband removed from the house if it is both our names, he refuses to work, he is verbally abusive

He has an untreated undiagnosed mental illness, he has not worked in a year, he is verbal, emotional, financial abusive to both me and kids

Mark Oakley
Mark Oakley
answered on Nov 11, 2024

It is possible to do so as part of your divorce, but that would be up to the judge after trial unless the two of you agree to remove him from the deed as part of a settlement of your divorce and all property and support issues. Ordinarily, the marital home is either bought out by one spouse paying... View More

0 Answers | Asked in Family Law for Maryland on
Q: I am filing an answer to a Motion to Determine Arrears and I want to know how much to include in my defense.

We divorced 5 years ago but the custody was drawn out and contentious and we just settled out of court recently. I was ordered to pay several hundred dollars/month but did not get a decent job until 2021 and accrued a balance of over $5K. For about a year, I was in court ordered outpatient... View More

1 Answer | Asked in Family Law for Maryland on
Q: Is there a case in Maryland were the Grandparents filed for visitation while one parent was incarcerated, and they won?
Mark Oakley
Mark Oakley
answered on Oct 16, 2024

Maryland Family Law Code 9-102 allows for grandparent visitation in the best interest of the child; however, it is limited by the Cnstitutional rights of the biological parents to control decisions regarding their children. The Supreme Court of Maryland (formerly called the Maryland Court of... View More

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 Family Law for Maryland on
Q: how can a father who is the birth certificate in the state of maryland obtain visitation with his children
Lynndolyn Tippins Mitchell
Lynndolyn Tippins Mitchell
answered on Sep 17, 2024

If you are on the birth certificate, you can file a petition in court requesting visits with your children. You will need to know the whereabouts of your children and the mother. You will need to serve the mother with a summons to appear in court.

1 Answer | Asked in Business Law and Family Law for Maryland on
Q: How can we apply conservatorship for small business owned by our son, who is currently hospitalized for mental illness?

We want to protect his business from creditors until he is able to return to work.

Mark Oakley
Mark Oakley
answered on Aug 28, 2024

The best option is if he is mentally competent enough to sign a power of attorney that has a robust business management power section. If he is not mentally competent, then you will need to petition for guardianship. It is possible to do so on an emergency basis if there is an emergency, but it... View More

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.

1 Answer | Asked in Family Law for Maryland on
Q: How can you get a court order to obtain a birth certificate for a deceased parent in Maryland?

I would like to obtain my father's birth certificate. He is deceased, and he was born in Maryland. The Division of Vital Records in Maryland only allows people who are listed on the birth certificate (the parents of the child, and the child born) to request an official copy of the birth... View More

Mark Oakley
Mark Oakley
answered on Jun 18, 2024

How much money is it worth to spend in order to get a birth certificate of a deceased ancestor? What information is on the birth certificate that you cannot obtain anywhere else?

If you must have it, then you file a "Petition for Appropriate Relief" in the Circuit Court where you...
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1 Answer | Asked in Family Law for Maryland on
Q: For legal name change for adult, do you need the copy of either drivers license or birth certificate to be notarized?

Legal name change of an adult - non marriage or divorce

James L. Arrasmith
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answered on Jun 15, 2024

For a legal name change for an adult not related to marriage or divorce, the specific requirements can vary by state. Generally, you will need to provide proof of identity, such as a driver's license or birth certificate. Whether these documents need to be notarized depends on your... View More

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 Estate Planning, Family Law, Gov & Administrative Law and Social Security for Maryland on
Q: Mother (SSI recipient) owns her home & would like to sell & come live with me. Can we purchase a home together? How?

My mother is 80 years old and lives in Florida. We'd like to sell her home and have her come live with me ( a married woman) in Maryland so that I may care for her as she ages in place. We'd like to use the proceeds of the sale to purchase a home in Maryland. I would apply for a home... View More

James L. Arrasmith
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answered on Feb 29, 2024

When considering purchasing a home together with your mother, who is a recipient of Supplemental Security Income (SSI), it's important to understand how co-ownership might impact her benefits. SSI eligibility is sensitive to income and assets. However, a primary residence is not counted as an... View More

1 Answer | Asked in Family Law for Maryland on
Q: My lawyer is incompetent and is ignoring my calls repeatedly. Is there any recourse or help with this?

Paid 3 thousand dollars for guardianship case for my handicapped brother and it’s turned into an absolute nightmare.

Kenesha A Raeford
Kenesha A Raeford
answered on Feb 20, 2024

If the attorney-client relationship is not repairable due to the attorney, and you have a pending case/guardianship matter, you should contact a competent family lawyer right away. It is possible that if you explain the situation, they will work with you regarding attorney fees. You will want to... View More

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: (Maryland) I have not received an increase in my ex-husband's pension since it began in 1997. What are my legal options?

As part of my divorce, my ex-husband agreed and was part of the judge's decree, that he would pay me 10% of his military pension until one of us died. This took effect in 1997, however, I have not received an increase since then. (He sends the monthly check directly to me; it is not through... View More

Mark Oakley
Mark Oakley
answered on Jan 14, 2024

If you were married at least ten years during the time that your ex was in the military, then you can get the pension award issued in the form of a special court order served on the military to receive direct (and retroactive) payment of what you are owed. Either way you will need to file a motion... View More

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 Arbitration / Mediation Law, Internet Law and Family Law for Maryland on
Q: My ex wife is trying to get a peace order against my mother for speaking to my ex wife’s new husbands ex wife about her

My former spouse is attempting to get a peace order against my mother due to my mother speaking to my former spouses husbands ex wife. They spoke only on messenger and no derogatory or insulting remarks were made. I do not think simply speaking about someone to another over private messaging is... View More

James L. Arrasmith
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answered on Jan 14, 2024

In general, a peace order, or a similar restraining order, is typically granted when there's evidence of harassment, threats, or abuse. If the conversation between your mother and your ex-wife's new husband's ex-wife was merely a discussion without any threatening, abusive, or... View More

1 Answer | Asked in Estate Planning and Family Law for Maryland on
Q: How do I guarantee that my funeral wishes are respected? I want cremation but my family is for burial.
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 15, 2023

There is no way to absolutely "guarantee" what people will do after one's death but taking the following 2 steps will make it more likely that final wishes will be honored:

1) pre-pay your expenses. If cremation and/or funeral arrangements are made while living and prepaid,...
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2 Answers | Asked in Estate Planning and Family Law for Maryland on
Q: My grandmother has a house, when she purchased the house she put it in her name and 2 of her childrens name.

She is the only person that’s paid into the mortgage. She has 6 children one is deceased, 5 living. When she passes away she wants, after the house is sold (it’s already paid off) the money to be split evenly between the 5 living children and the the portion that would have went to her deceased... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 7, 2023

There are a variety of planning tools someone can use to name beneficiaries while keeping power to freely change those designations. Perhaps, if your grandmother got good advice, the deed is a life estate deed with full powers still vested in the planner. If so, she could change it freely by a... View More

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1 Answer | Asked in Child Support and Family Law for Maryland on
Q: 14 year old with mom in GA and 18 year old with me in MD, enrolled in college. Should there be a support obligation?

There is no court order for custody, visitation, nor support - never has been. I paid 18 years and 14 1/2 years on my own. We were both military, I'm now retired and she's still active. She makes more money.

Mark Oakley
Mark Oakley
answered on Dec 2, 2023

If she has primary custody of the 14 year old, there would still be a legal obligation on your part to pay child support. How much depends both parents’ incomes and an application of the child support guidelines in the state where the child primarily resides. You should obtain a private... View More

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