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Maryland Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Maryland on
Q: wife left about two and a half years ago and absent, has a closed child abuse case, confirmed by hospital, wants custody

My wife left about two and a half years ago. We believe mental illness to be involved. She hasn’t sought help and has been almost completely absent in that time. She, in august 2019, came home briefly and beat my daughter and left about 15 welts on her legs. She was terrified of spoons for about... Read more »

Timothy E. Howie
Timothy E. Howie answered on Jun 19, 2021

Unlikely. But the situation is apparently very complicated, and one can never be certain what one judge will do. You need to retain a lawyer.

1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: Can my soon to be ex wife claim back child support

We separated 8 years ago we came to the agreement that I can see my daughter every other weekend or as much as I asked and I would give her $500 a month I sometimes gave cash , money orders , and recently online payments to her account she is saying she is going to put me on child support and claim... Read more »

Mark Oakley
Mark Oakley answered on Jun 10, 2021

She can get child support accounting from the date she files a petition for custody and support in court, so at any hearing the judge can award support going back to the date she filed. If there is a written agreement, or she can cobble together enough proof of an agreement, that you were to pay... Read more »

1 Answer | Asked in Child Custody for Maryland on
Q: hello my sister just passed and had no will what would i have to do to get custody of my niece or guardianship ?

the father is unkown

Mark Oakley
Mark Oakley answered on May 20, 2021

Hire a family law attorney and file a petition for custody.

1 Answer | Asked in Child Custody for Maryland on
Q: How can I win my custody case if the people who were given temp custody are claiming to be defacto parents
Mark Oakley
Mark Oakley answered on Apr 25, 2021

Prove you are the biological parent, and allege and be prepared to prove that you are a fit and proper person to have custody of your child. There is a very strong presumption that a child belongs with his or her biological parent, absent proof that the parent is a danger to the health or safety... Read more »

2 Answers | Asked in Family Law and Child Custody for Maryland on
Q: I want to get visitation right to see my nephew the grandmother have temporarily custody and she won't let me see her.

How do I go about getting visitation rights to see him

Mark Oakley
Mark Oakley answered on Mar 30, 2021

This is a bit complicated. Generally speaking, the only persons absolutely entitled to visitation/access are the parents of the child, but if one or both parents are out of the picture (deceased, in jail, mentally incapacitated, or abandoned the child, etc.), then typically grandparents or... Read more »

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3 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Maryland on
Q: If granted sole physical and legal custody, what rights do I have? If the order has Contradictions.

I have a PL order that grants me sole legal and residential custody but the custodial time given to my spouse is very liberal. It also contradicts the fact that I am the one with sole legal custody. The order states that our daughter will participate in extracurricular activities and gives him the... Read more »

Timothy E. Howie
Timothy E. Howie answered on Mar 1, 2021

A pendente lite order is a temporary order that, generally, remains in effect until the actual trial. I suspect that you have an actual trial scheduled for June. If you feel that there is a sufficient reason for the court to reconsider the issue of custody after the pendente lite order but before... Read more »

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1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: What Maryland visitation laws are in place for custodial parents when non custodial parent moves out of country for mil?

Non custodial parent is active duty and has 3 year orders to Japan.

Timothy E. Howie
Timothy E. Howie answered on Feb 9, 2021

That simple question calls for a very broad answer, because how Maryland family law will apply to your particular situation may depend on whether there is a marital settlement agreement, whether any such MSA has been incorporated into a court order, whether the non-custodial parent intends to take... Read more »

2 Answers | Asked in Child Custody and Child Support for Maryland on
Q: Mom keeping daughter away from dad, never married, no order for support or visitation set up

My ex hasn't allowed me to see my daughter in over a month now. We don't have a court order custody agreement and haven't lived together in over a year. When I message her asking when i can see my daughter she doesn't respond and recently stated that she (my ex) doesn't... Read more »

Timothy E. Howie
Timothy E. Howie answered on Jan 17, 2021

You can file a lawsuit and ask the court to award you legal custody and physical custody of the child.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: child no longer lives with custodial parent, does my brother still need to pay child support to ex wife?

My brother and his wife had a child support agreement done while his adopted son (her biological son), lived with her full time. (13 year old boy). Since then, she has been passing him around and does NOT want him living with her and her new boyfriend. At the moment, he is living with his aunt, and... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Jan 16, 2021

If the agreement is actually a court order, he needs to file in court to modify the child support. He will have to prove the child is not living with her.

1 Answer | Asked in Adoption and Child Custody for Maryland on
Q: Can I put my husband on my son's birth certificate if he isn't the father and the birth father refuses to be in his life

My sons birth father has explicitly said that he wants nothing to do with my son going so far as to refer to him as "it" when I told him about his birth. Can I just put my husband on the birth certificate without him being the father? Or do I have to go to court and prove abandonment?

Mark Oakley
Mark Oakley answered on Jan 15, 2021

Putting your husband on the birth certificate would be a lie. Ideally, if your husband is willing, he should adopt your son, and the birth father can consent to the adoption and relinquish his parental rights. Your husband then becomes the legal parent of your son, and takes on all the same legal... Read more »

1 Answer | Asked in Child Custody for Maryland on
Q: How can I obtain custody of kids that’s 3rd party that’s been with me for going on 5 years?

The kids was placed in my home in 2016 cause the mother didn’t have electricity or running water and she was suppose to come back for them the next day and they have been here every since.

Mark Oakley
Mark Oakley answered on Jan 15, 2021

Yours is not a simple legal issue, because you are not a natural legal guardian of the children. However, Maryland recognizes "de facto" parents, which means, the persons whom the children have grown accustomed to acting as their parents when their biological parents have been absent for... Read more »

1 Answer | Asked in Child Custody for Maryland on
Q: Looking to see if I can get help with Child Support.

Set up Child support in 2016, i believe, making $67,000 yrly. Due to Covid my pay has decreased significantly. Because of this I have reached out to child support for Modification, Unfortunately I was told "You do not need to file a modification your job can only take 65%." I am currently... Read more »

Mark Oakley
Mark Oakley answered on Dec 28, 2020

The only was an existing child support order can change is if a court issues a new order. The way you get a new order is to file a motion to modify child support based on a change of circumstances. The other parent can consent to the change by agreement, which would make the process go fairly quick... Read more »

1 Answer | Asked in Child Custody for Maryland on
Q: I have custody of my granddaughter, how do I give custody back to my daughter
Mark Oakley
Mark Oakley answered on Dec 15, 2020

Was there a court order that took away your daughter's legal custody rights and granted them to you? If so, you will need another court order reversing that. Depending on the circumstances, this may be done by consent with a joint petition or motion. If there is no court order in place, you... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: Can I request my parents' divorce records? They nvr told me the truth. I just want a straight answer about happened.

Case was in mid 80s Baltimore County (possibly Bmore City). My mother had 'full custody' (according to her) yet my father all my life bemoaned the fact that 'your mother won't listen to me'. He claimed to be helpless, yet if he gave up custody (and paid support) he got... Read more »

Mark Oakley
Mark Oakley answered on Dec 5, 2020

All civil cases are open to the public. You should call the court (family law division) where the divorce was adjudicated and inquire whether they still have the paper file on such an old case. If not, you will need to order it from archives. Once it is at the courthouse, you can go there to review... Read more »

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: Can mother refuse to let child attend family wedding she agreed to let her attend in writing?

Have custody agreement in place with vacations being agreed to in writing at least 2 weeks in advance. Mother has decided she does not want to let daughter go to family wedding in the same state even though she agreed in writing months ago. My daughter is to be in the wedding.

Bennett James Wills
Bennett James Wills answered on Dec 1, 2020

If the custody order provides for what you have described then then the mother may be in contempt/violation of the order. Consult local counsel to determine your options.

1 Answer | Asked in Family Law, Divorce and Child Custody for Maryland on
Q: Can you file a restraining order in different state if the defendant keeps moving from state to state?

There is a protective order against my wife from Maryland to not have any contact with our minor child. She ran to California with the child. Can I file for another restraining order in California since she live there physically now? Can I file for temporary emergency custody out of California... Read more »

Bennett James Wills
Bennett James Wills answered on Dec 1, 2020

You should consult with a California attorney. But typically, under the full faith and credit clause of the US Constitution, CA law enforcement would recognize and protective order from Maryland. Consider contacting CA law enforcement as well where the wife resides currently.

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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