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Maryland Family Law Questions & Answers
1 Answer | 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

0 Answers | 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

1 Answer | 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

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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1 Answer | Asked in Business Formation, Divorce and Family Law for Maryland on
Q: Can I structure an LLC to restrict my wife's access due to divorce?

I'm planning to form an LLC and would like to structure it so that my wife does not have access to it due to a possible divorce. We do not have any premarital agreements in place. Can you advise on how I might structure the business and what legal considerations I should be aware of?

Mark Oakley
Mark Oakley
answered on Mar 6, 2025

Any business you create in any form during your mariage becomes marital property. Your spouse may not necessarily have "access" in the sense of control, but she would have a claim to half the ownership or at leat half the value of the company. For instance, you can create an LLC and be... View More

2 Answers | Asked in Probate, Family Law and Estate Planning for Maryland on
Q: What to do after separated spouse's death with children in Maryland?

I am currently married but separated from my spouse, who has just passed away. There were no legal arrangements made during our separation. We have children together, and there were no pending divorce proceedings at the time of his passing. I am unsure if there is a will or any significant assets... View More

Mark Oakley
Mark Oakley
answered on Feb 24, 2025

Consult a lawyer about this. A lot depends on whether there is a will or not, and whether the children are minors or not. In addition, how your assets are titled and whether any assets solely in his name have beneficiaries (transfer on death or “TOD”) designated, have a big impact. As surviving... View More

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1 Answer | Asked in Family Law and Civil Rights for Maryland on
Q: My CPS case was closed with substantial evidence.

My CPS case was closed with substantial evidence. They didn't have enough evidence to criminally charge me with child abuse. My child has been in my mother's care since my daughter was taken 4 months ago and I want my daughter back. Family preservation services recommended I comply with a... View More

James L. Arrasmith
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answered on Jan 13, 2025

I'm sorry you're experiencing this. Please reach out to a legal aid organization or a local attorney who can provide you with the support and guidance you need.

1 Answer | Asked in Family Law and Civil Rights for Maryland on
Q: My CPS case was closed with substantial evidence.

My CPS case was closed with substantial evidence. They didn't have enough evidence to criminally charge me with child abuse. My child has been in my mother's care since my daughter was taken 4 months ago and I want my daughter back. Family preservation services recommended I comply with a... View More

James L. Arrasmith
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answered on Jan 13, 2025

It's encouraging that you have been compliant with the safety and service plans. Since your CPS case is closed and there are no current court orders against you, you have the right to seek the return of your daughter. Start by gathering all documentation that shows your compliance and any... View More

2 Answers | Asked in Divorce, Estate Planning and Family Law for Maryland on
Q: If your wife gets money from the sale of her moms house, is the husband entitled to the money? Or is it just the wifes?
Mark Oakley
Mark Oakley
answered on Dec 27, 2024

The answer to your question only really matters from a legal standpoint when you divorce. How the parties manage their money during marriage is entirely up to them. A spouse has no legal right to access their spouse’s inherited funds or to take gifts given only to them, if their spouse refuses.... View More

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1 Answer | 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

Mark Oakley
Mark Oakley
answered on Nov 25, 2024

Upon divorce, each spouse is automatically removed by law as a beneficiary under their ex-spouse’s estate, even if they are named in a will at the time of the divorce. So you are not entitled to any distribution under your ex spouse’s estate.

In order for an ex-spouse to qualify for a...
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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

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

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