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Maryland Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: What do if I do if my children's father will not answer my calls to see the children when it's court ordered?

I have 50/50 legal joint with the father as well as 3 weekends a month and he has primary residencial. He is not answering my calls or texts so I can make arrangements to pick up the children. This is court ordered. What can I do?

Elizabeth Pugliese
Elizabeth Pugliese answered on Nov 30, 2020

The court orderr should state when access occurs and where pick up is so you should not have to make arrangements. You should show up at the right time and place. If it does not, you are still supposed to have your access. If the father is not allowing it, you can file contempt with the... Read more »

1 Answer | Asked in Appeals / Appellate Law, Divorce, Family Law and Child Custody for Maryland on
Q: I lost a case in Maryland District Court, how long do I have to file an appeal for De Novo hearing in circuit court?

I want to file for an appeal of civil case I lost in the District Court in Maryland. I would like to please know how many days do I have before filling for an appeal to get a De Novo hearing in the circuit court?

Mark Oakley
Mark Oakley answered on Nov 28, 2020

You have 30 days to file an appeal in a civil case to the Circuit Court. The only appeals that result in a de novo trial are small claims proceedings (claims filed requesting $5,000 or less in District Court), or petitions for peace orders, or domestic violence petitions. Civil claims seeking more... Read more »

1 Answer | Asked in Appeals / Appellate Law, Divorce, Family Law and Child Custody for Maryland on
Q: I lost a case in Maryland District Court, how long do I have to file an appeal for De Novo hearing in circuit court?

I want to file for an appeal of civil case I lost in the District Court in Maryland. I would like to please know how many days do I have before filling for an appeal to get a De Novo hearing in the circuit court?

Charles William Michaels
Charles William Michaels answered on Nov 28, 2020

A party has generally 30 days from the final judgment to appeal. If in the District Court the appeal goes to the Circuit Court.

2 Answers | Asked in Appeals / Appellate Law, Divorce and Child Custody for Maryland on
Q: If the plaintiff lose a case to the defendant, can the plaintiff file an appeal to have defendant trial twice?

The plaintiff file false domestic violence restraining order case in the District Court and was found to lie. The defendant won the case. Can the plaintiff file an appeal to have the defendant trail twice for the same case?

Charles William Michaels
Charles William Michaels answered on Nov 28, 2020

Either party who is dissatisfied with the results in the trial court can appeal. If the case was in the District Court, the appeal goes to the Circuit Court.

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1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: My ex was tested for covid our son is suppose to be with him this weekend. Can I keep him if his results aren't back

If the results are negative I will gladly send him there but if they aren't back or are positive can I get in trouble for keeping him home when it is his weekend. He insists that he is pick him up regardless. I have already had him my weekend this month so I can't just trade weekends with him

Elizabeth Pugliese
Elizabeth Pugliese answered on Nov 26, 2020

Tallk to your ex. See if you can switch weekends or make it up later. You have to follow the court order but you can work out an arrangement if you both agree.

1 Answer | Asked in Child Custody for Maryland on
Q: biological ‘father’ has not seen child, no financial contribution, or communication with mother in over a year.

is this considered abandonment? termination of rights..? child’s DOB is 1/3/19. last seen early october 2019, last heard from late september 2019. last financial contribution late august 2019. sent email this past weekend asking to see child.. located in montgomery county maryland

Elizabeth Pugliese
Elizabeth Pugliese answered on Oct 28, 2020

Parental rights may only be terminated through a formal court proceeding. The long absence may be considered when determining custody, but it is not a termination of rights. Without a court order both parents have equal rights to parent the child. You should file for custody to determine... Read more »

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: Is allowing my son's father to come to our home to visit my son considered keeping him away

I am the custodial parent . I allowed my son to go to his fathers for most weekends but I later find out that my son is being left with his fathers mother or grandmother so he can go out and party . They have traffic in and out of their house and improper heating/air . I don't feel safe with... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Oct 8, 2020

It depends on the custody order in place. Please consult with an attorney.

1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: Does the father have the right to know the custodial parent address if they are paying child support?

Can the court force the mother to provide the address to where the children live?

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Oct 8, 2020

Without additional facts, it is difficult to answer this question. If there is an address shield in place or a protective order you may be able to restrict access to address. Please consult with an attorney to discuss.

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: How can I get the father off of my daughters birth certificate if I can't find him.

My ex husband faked an at home paternity test when my daughter was 3. I never questioned it since it was a way to get him out of our lives. He's had no contact with my daughter since. Now my daughter is 13 and wants to know for sure that he is her father and to have him removed for her birth... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 21, 2020

You are looking for advice on a very complicated matter that requires the assistance of counsel. I highly suggest you reach out to counsel in your county/city to discuss your options. Counsel can provide several mechanisms for locating him that you may not have at your disposal. And your case is... Read more »

1 Answer | Asked in Child Custody for Maryland on
Q: Can someone change a child’s school from one county to another with a proposed order? Not signed by a judge?

There was a hearing and new proposed orders in Maryland my son started school already and upon receiving these proposed orders he was taken out of his current school by the other party and enrolled in another county they haven’t started school yet. In the current order we have joint custody in... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 19, 2020

If there was a court hearing and a decision was made by the judge/magistrate, you have to follow the new order entered.

1 Answer | Asked in Child Custody and Child Support for Maryland on
Q: how can I get custody without the other parent paying child support if we both agreed? Is it possible to get it to $0

We both don’t want each parent to pay support. But agreed on parent plan

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 19, 2020

You can ask the court to set the child support where you and the other parent are generally charged with supporting the child(ren). You do have to be able to justify not paying support to each other though.

2 Answers | Asked in Child Custody for Maryland on
Q: If both of my parents have custody and, i want to stop going to my dads/stepmoms house am I aloud to resist going?
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 18, 2020

This answer is complicated--it depends. It depends on your age. At a certain point, the court will take into account your age and preference. Your parents have to follow the order as written. If they don't then they are in contempt of court.

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1 Answer | Asked in Child Custody for Maryland on
Q: Custody of my granddaughter and also become a foster grandparent for her?

My daughter is an alcoholic and getting sicker. I want to go to court to apply for custody.

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 18, 2020

I am sorry to hear about your daughter. Yes, you can petition the court for third party custody. However, it is not something you should do without the assistance of counsel. Unless the Department of Social Services is involved, it is unclear as to how you can be a foster parent for your... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Divorce and Family Law for Maryland on
Q: Divorced in Maryland; former wife refusing visitation. Making statements that I am not their parent now.

We have a court signed Settlement Agreement granting "joint legal custody." The order outlines that I have unlimited access and visitation rights to our children. However, the former wife routinely states that "you are not their parent, I am." When I press visitation issues,... Read more »

Mark Oakley
Mark Oakley answered on Sep 17, 2020

File a motion to enforce court order/settlement agreement, and for contempt. Ask further for a set schedule of visitation, or to modify custody to make you the primary custodian since she is not allowing access.

1 Answer | Asked in Adoption, Child Custody and Family Law for Maryland on
Q: Can the biological father of a child that’s been adopted has a way to be in the child’s life?

The father had no idea that his daughter was being put up for adoption cause he was incarcerated

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 9, 2020

If the father has been released, he can petition the court for access. It is unclear from the facts whether he will prevail or not. Either way, it is not something that I'd recommend he should take on by himself, he does need counsel.

1 Answer | Asked in Child Custody for Maryland on
Q: Is it legal to offer cash to a co parent in exchange for them agreeing to a parenting plan?

My daughter's father and I currently live one hour apart. I would like to move about two and a half hours away from him, with him driving the same amount as he currently does and I will make up the difference. This move would make a huge difference financially. Would it be illegal for me to... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Aug 24, 2020

I don't think it's a wise idea to do so. You can offer to pay for travel expenses and you should obtain counsel to at the very least help you create a child custody agreement in a more formal manner. That way you and your child(ren) are protected in the event things don't work out as... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: (MD) Child support filed on father not on birth certificate. Does the mom need to file for sole custody in family court?

Child support was filed with the state. The Mom was advised because paternity will now be legally established, sole custody should be filed with family court as well.

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Aug 18, 2020

Without knowing the exact facts of the case and all parties involved, if that is the advice that she received, then she should follow it. You are correct in that a paternity action must be filed. Once paternity is established, mom can file for child support and custody. Good luck!

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2 Answers | Asked in Child Custody and Child Support for Maryland on
Q: How do you find out if child support goes up with new order for custody

I filed a motion for custody for schooling an had mentioned about child support in the motion went to trial got the new order of there recommendation but it don't mention anything about child support an its been the same amount for almost 5yrs even with reasonable parenting time but now... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Aug 16, 2020

If it is not in the Order, it did not change. The order contains everything that changed. For child support to change, you have to present evidence at trial about why the child support has to change and the amount of the expense that causes the changed. It is not just asking for it to change... Read more »

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1 Answer | Asked in Child Custody for Maryland on
Q: My neighbor is 14. While in her mothers care, the mother OD’d / she saved her. Custody -50-50. Does she need to go?

The mother also just recently got a do you DUI and DWI. The daughter is traumatized and does not want to go, she wants to be legally with her father all the time. Can you help us tell us what to do

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Aug 12, 2020

You can have dad file an emergency petition for custody. However, doing so requires additional documents such as a motion to shorten time. I do not suggest you or dad undertake this without the assistance of counsel. You should also contact your local Department of Social Services and file a report... Read more »

2 Answers | Asked in Child Custody for Maryland on
Q: Shared legal custody/tax filing

My sons father has primary physical custody(he has him 3 days more than i a week depending on the mo th and holidays we split) and and we have shared legal custody, can i claim my son on my taxes?

Elizabeth Pugliese
Elizabeth Pugliese answered on Aug 10, 2020

The child tax credit is set for IRS regulations based on the number of overnights. The parent with the most overnights is entitled to claim the child on taxes -- unless that parent agrees in writing to allow the other parent to claim.

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