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Maryland Child Custody Questions & Answers
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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1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: What action can I take?

My sons' are 9 and 12. They refuse to go back to their Father's house. We have 50/50 custody, but no schedule agreement filed with the court. After taking several comments from them out of context, my ex husband bagged up all their belongings from the house he shares with them and dropped... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Aug 1, 2020

Given the limited facts above, I am unclear what you mean about 50/50 custody but no schedule agreement. If you are saying that there is no court order or involvement, then I'd wait and see if the matter blows over. Humans are complicated especially with emotions involved so this may just blow... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Maryland on
Q: So I'm 17 and have been living with my grandparents for the past 5 years and they treat me very badly.

They've taken away all my rights and are an abusive like stage when they drink (every night). I'm not sure if I can make it to 18 with them like this and I honestly dont know what to do. I dont want to get involved with CPS again and I cant live with my mom as of now. My boyfriends... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Jul 30, 2020

Assuming that your grandparents have custody of you through a legal proceeding, to become emancipated (which will allow you to make your own decisions) you will have to file a petition for emancipation in the same custody case. There is no guarantee that it will work but I suggest that you contact... Read more »

1 Answer | Asked in Child Custody and Child Support for Maryland on
Q: Can I have a child support order if Dad does not work?

I filed for child support, but the Dad does not work and there is no custody order in place. Is it even worth it to file? I have heard rumors that I would have to pay Dad as I have a greater income.

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Jul 29, 2020

Yes, it is worth it. The court will impute income onto dad. That means that for calculation purposes, the court will calculate the guidelines as if he has a minimum wage job. Currently that is $11.00 depending on your county of residence. Some counties in MD have a higher minimum wage. So if you... Read more »

1 Answer | Asked in Child Custody and Child Support for Maryland on
Q: If im on child support do i get visition rights for my children?
Elizabeth Pugliese
Elizabeth Pugliese answered on Jul 26, 2020

Two separate things. If you want access and are not getting it, you must file for it. You are entitled to some form access whether or not you are paying child support. On the other hand, paying child support does not guarantee a certain level access.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Maryland on
Q: Meaning of “it is further ordered that the matter of child support be resolved upon the filing of appropriate pleading”

My ex wife and I have a signed Judgment of Absolute Divorce and now she treating to take down for child support and maybe full custody. We have a ordered of joint legal custody now and the original question with other orders in affect. I just want to know if she can file to change anything 2yrs... Read more »

Mark Oakley
Mark Oakley answered on Jul 6, 2020

The visitation schedule, child support, and legal custody can all be modified at any time upon one party filing a motion and supporting the change with evidence of a material change in circumstances from when the last court order was entered. If there was never a determination of the amount of... Read more »

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: Can eather parent take kids out of state while divorce is in process . no custody order in place yet .

We both have custody rite now we have equal time with them every week

Mark Oakley
Mark Oakley answered on Jun 24, 2020

Yes. Until there is an agreement or order issued, there is no legal restriction on either parent taking the children out of state for a vacation, trip or other temporary visit. However, if there is an active case pending, you cannot relocate the children's residence and then try to switch... Read more »

1 Answer | Asked in Child Custody for Maryland on
Q: What are the requirements to gain full custody of your child?
Mark Oakley
Mark Oakley answered on Jun 20, 2020

Maryland follows the “best interests of the child” standard in deciding whether to award one parent primary legal or residential custody, or shared legal, or shared residential, and the extent of each. You file a complaint for custody, serve it on the other parent, and follow the court... Read more »

1 Answer | Asked in Child Custody for Maryland on
Q: How do l enforce a order for visitation and communication if the other parent refused and sends child to another state

We supposed to have every other weekend every other holiday 8wks out of the summer and communication 7pm daily we have not seen the child since February and no communication since april a well check was done and the officers was told the child was not there but in north Carolina

Elizabeth Pugliese
Elizabeth Pugliese answered on Jun 15, 2020

You must file against the other person for contempt. The court has the power to enforce the current order against the other parent. If the child is out of state, t he other parent can be required to return the child to the state.

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