Get free answers to your Family Law legal questions from lawyers in your area.
answered on Dec 20, 2024
Inherited property (which includes cash) is the separate property of the heir/beneficiary.
I have full legal and physical custody of my child for the last 8 years, can I legally in my will state who I would like my child's guardian to be if anything were to happen to me? (It would not be their non-custodial parent)
I have not signed a affadavit of the child, nor do I have a child support order from the state. I request to have paternity and set child support but I don’t not have the mother’s address she refuses to give the information to me. I am retired military with VA benefits and the child is not in... View More
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
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... View More
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
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
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
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
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.
We want to protect his business from creditors until he is able to return to work.
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
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
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.
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
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... View More
Legal name change of an adult - non marriage or divorce
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
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.
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
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
Paid 3 thousand dollars for guardianship case for my handicapped brother and it’s turned into an absolute nightmare.
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
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
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
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
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
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
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
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
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