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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 
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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
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
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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
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,... View More
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
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
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.
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
Child’s mother only put child in daycare right before hearing to make child support payment higher. Afraid she will take child out of daycare after hearing.
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answered on Nov 27, 2023
The court can order that the child care portion of child support be paid directly to the daycare provider. This is called an income withholding order for child care expenses. The income withholding order will direct the non-custodial parent's employer to withhold a portion of their wages and... View More
My wife is worried that if we divorce and I eventually went bankrupt that she will be legally responsible for my finances. She thinks that there's a 5 year look back so if I went bankrupt within 5 years of our divorce finalization that creditors can legally claim her as liable.
answered on Nov 21, 2023
If you file a Chapter 13 petition in the future, it includes a co-debtor automatic stay for claims "dealt with by the Plan".
Filing a bankruptcy does not create a liability in a non-filing spouse. If she is currently liable as a joint obligor, then she remains liable for that... View More
Our prenup gives me a life estate if my husband predeceases me, assuming I continue to pay the mortgage. Do we need to record notice of the life estate?
answered on Nov 3, 2023
Your prenup is statement of intention. Only a recorded deed can pass an interest in land, or create a life-estate. For years our Firm has litigated this issue because the family law lawyers often don’t know how to handle the real property side of a separation agreement. It’s not hard, but it... View More
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answered on Nov 2, 2023
Yes, you can have divorce papers served via certified mail to your spouse's adult sister, whom he lives with and collects his mail. This is a valid method of service under Maryland law.
Once the certified mail package has been delivered to your spouse's adult sister, she must sign... View More
The licensed provider did not require a contract however just the required forms to be completed for state regulation. However there are emails and text messages showing the business relationship for an 8 month period.
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answered on Sep 14, 2023
If the daycare provider is refusing to provide a receipt, you can take the following steps:
1. Communicate Clearly: Send a polite and formal written request, preferably via email or text message, asking for the receipt. Mention any relevant details like the dates of service and payment... View More
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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
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?
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
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
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.
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?
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
State whether you have had sexual relations with a person other than your spouse since the date of your marriage, and if your answer is in the affirmative, state the name and address of each person with whom you have had sexual relations, the date of each such activity, the location and address... View More
answered on Jul 8, 2023
If the answer is "No," simply answer "No." If the truthful answer is "yes," then you decline to answer on the grounds that your answer would tend to incriminate you, and you assert your right to remain silent under the Maryland and US Constitutions. Acts that meet the... View More
Collections. We lived together for 6 years and were in the process of getting married. She was caught in infidelity. We separated and now I have been sent to collections due to her not paying a bill that was agreed that she would pay.
answered on Jul 6, 2023
If the bill is in your name, you owe it and claiming someone else agreed to pay it is no defense. However, if there is an agreement that she pay this bill, then you can sue her for breach of the agreement to recoup what you paid on her behalf. Oral agreements are as binding as written ones; it’s... View More
I filed for divorce in Pennsylvania. My ex and i lived there during the marriage. We separated, i moved to Maryland and filed for divorce in Pennsylvania My spouse claimed she wasn't properly served. My attorney sent the divorce papers certified mail. My ex responded, we signed a marital... View More
answered on Jul 2, 2023
Who cares where you get divorced? You have a signed separation and property settlement agreement which I assume resolves all issues between you, so why expend time and money arguing over which court to get the divorce judgment from? If both parties voluntarily participate in one of the divorce... View More
It has already been appealed but the majority of the evidence found after the fact.
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
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
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
My wife is not co-operating. Do I need a lawyer? Do I need to talk to police? I don't want to lose my belongings.
answered on Jun 28, 2023
Make a motion in your divorce case for leave to get your personal items.
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