Father pled to child abuse. Mother cleared and given supervised visits after having full custody for 3 years. Father gets released, sees his daughter, the (victim) and dss tries to remove her from mom for letting child mother see her..even though mother didn't deviate from custody... View More
While DSS should not retaliate against the mother, it's important to ensure that all actions and decisions are made in accordance with the law and in the child's best interests. Consulting with an attorney who specializes in family law or child custody matters can provide the mother with...View More
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?
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
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?
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
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
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
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
In order to enforce an out-of-state judgment or order in Maryland (or in any other state) you need to first obtain an “exemplified” or “triple seal” copy of the order/judgment from the state that issued it. This is different from a regular certified copy. It requires three signatures...View More
He started working under the table, moved so I cannot find his address, and has Virginia license tags. He has social media showing that he is working and stated in text messages that he is working his own business under the table. He gets him during the summer, and I get to see him during my... View More
You need to file contempt. Deliberate failure to follow a court order could cause a judge to hold him in contempt. Contempt is to secure future compliance with an order -- so yes, the court can actually make him follow it. Or face severe consequences up to and including jail.
I am currently Homeless I have two small toddlers, and I am currently pregnant. The father of my children refuses to provide any help and does not pick the children up one days he said he supposed to. He does not send financial help, and he is verbally, and sometimes physically abusive to me. What... View More
First, if you are homeless with children the immediate need would seem to be to secure housing for your family. A variety of government and non-government agencies are available to help. The local Department of Social Services may be a good place to start, or you may want to reach out to an...View More
I gave away all my rights so the mother has full sole custody. In the paperwork she chose to not put me on child support at the time. If she ever wanted to could she put me on child support even though I’m not responsible for the child at all?
Yes. Both parents ALWAYS remain legally responsble to support their minor children. That legal obligation cannot be waived and "contracted" away, except through legal adoption (where another person adopts your child and you relinquish your parental rights). Absent a legal adoption, if...View More
I told her the street address where I was staying and showed her around the house and even let her talk to the owner of the apartment but I don’t feel comfortable telling her the door number. I am living with my uncle to get financially stable and he said she cannot come over. At first she agreed... View More
Yes she has the right to know the precise location. If there is an emergency she needs to know exactly where the child is. Playing games about addresses never goes over well if this gets to court. Being more forthcoming and being willing to work with the other parent by giving information...View More
He has a debt because he had an injury and stop working, that formed into a debt. My mom is trying everything she can to not let me see him and now has an arrest warrant towards him. Since we live in different states if he were to travel to see me he will get arrested. I don’t want to live with... View More
If you are a minor child, so you are limited in what you can do. Your father's child support arrearage is not a bar to his having primary residential custody. Judges will start to take into consideration the wishes of the minor child at around age 12, and by 15 or 16, the child's...View More
I and my spouse separated. I moved out and my spouse stayed with the marital house. One day when picking up my child from that house for a doctor appointment I noticed that someone else was in that house.
Then I realized that I still had access to the front door security camera. By checking... View More
Possibly, since your spouse presumably knew when the videos were created that the video surveillance system was in place and operational, so that she cannot claim she was videotaped without her knowledge or consent, even if she forgot she was being recorded. But further legal research should be...View More
That section simply sets forth the appropriate court venue (the county or City of Baltimore) where a suit may be filed for various types of actions. In the case of a custody matter, that Section states, "[T]the following actions may be brought in the indicated county: ... (5) Action relating...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
The child was a former foster child and we were granted guardianship of the child. However the child has become extremely unsafe, has several mental health challenges and it's become way more than what we can offer to support them. Where would we go to petition the court, the juvenile court... View More
You file in the Circuit Court for the county (or City of Baltimore) where you and the child currently resides. However, if the child is no longer under the jurisdiction of the Juvenile Court because he has reached the age of majority (18-21 years old) and has not otherwise been declared mentally...View More
Any criminal charges will show up on a background check and Maryland Judiciary Case Search. It certainly could affect your employment if you are convicted depending on the charge. You should speak with a lawyer.
He changed his phone number and I have not heard from him in 18days! Our custody agreement states he is to provide a notice 90 days prior to moving! Just curious if I have grounds for emergency custody
Emergency custody is if the child is in danger as in out of the country or actual blood on the floor. If the child is with the father, then you can file contempt if the child is not returned at the appropriate time. If the child is with you, then you can file to modify since the father seems to...View More
I recently discovered through a DNA test that I have a son. His mother was married at the time to a real jerk of a man but was afraid to get a divorce. She told me she got an abortion and we broke things off. I lived the last 14 years not knowing she went ahead with the birth. My son was born in... View More
You can file a petition to establish paternity. You say you're doing this for your son, but are you are really doing this for yourself? Your son has no idea that you exist or that the man he knows as his father is not his biological father. Have you considered the potential harm and...View More
The other parent and I were recently in a custody battle. While my child was at this daycare/center academy, the facility forwarded my emails asking about my child's progress and wellbeing to the other parent. They then used those emails as evidence against me in court (nothing negative was... View More
Unless you had sole legal custody at the time your child was in daycare and the emails were sent, or there was some contractual agreement covering confidentiality of communications, both parents would have access to their child's records at daycare. Even then, that would not prohibit an...View More
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