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 »
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 »
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 »
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.
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.
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 »
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 »
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.
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.
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 »
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 »
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!
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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
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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