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Maryland Family Law Questions & Answers
1 Answer | Asked in Divorce, Family Law and Animal / Dog Law for Maryland on
Q: A bf and gf live together. Gf adopted cat and gave to bf as a surprise Xmas present. Now break up. Who keeps the cat?

Bf cleans litterbox most often, buys the food often, and feeds the cat most often. In Maryland. Gf moving to out of country.

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 27, 2020

If there is proof of the gift (card, text message, Facebook post), then the answer is boyfriend. If there is no proof of the gift, then the answer is girlfriend.

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 Support, Divorce and Family Law for Maryland on
Q: Which percentage of the extraordinary medical expenses do I pay since my child support order has recently changed?

I was paying 73% of the extraordinary medical expenses for my kids. On 2 November it was lowered by the court to 54%. My ex sent me a bill on 5 November for September and October medical expenses and said I owed 73% since that was what the percentage was in September and October before it was... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Nov 21, 2020

73%. Look at this way, do you want to be the parent who argues over needed medical treatment for the child and who pays it? If you wind up paying more than you think you "should" focus on the fact your child needed care.

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: My exwife' sincome increased by $43K from the previous year. Do I have a case to have my child support revised?

Our original agreement was to review income every year and adjust but since she has had an increase of $43K from the previous year she does not believe that we should use last years income but a projection of what she will make.

Mark Oakley
Mark Oakley answered on Nov 16, 2020

Of course you have a basis, as it is stated in the agreement you both negotiated, signed and bound yourselves to follow. Have a lawyer run the guidelines based on the new income figures, send a demand over to adjust the amount, and if there is a court order currently in effect setting forth the... Read more »

2 Answers | Asked in Family Law for Maryland on
Q: my brother live in nyc his girlfriend on Sunday served him with papers from MD herself that he was order $300

he was never served with original court papers so how can he have to pay child support if he never knew he had to go to court in the first place so how did she serve him to let him know that had to go to court how was she granted child support if he never knew because I know in New York you have... Read more »

Howard E. Knispel
Howard E. Knispel answered on Oct 21, 2020

I assume MD means Maryland. You need to find an attorney in MD to find out how to open up a default.

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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 and Child Support for Maryland on
Q: Whats the next step?

I filed for a child support modification recently and the other parent just put in the written response to it.

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

Wait for the court to contact you to set up a scheduling conference, which is a conference where you set up dates to get things done. It is advisable that you consult with an attorney to assess whether assistance of counsel is necessary.

1 Answer | Asked in Family Law for Maryland on
Q: My sons father is trying to tell me where I can and can't live, can he do that?

We haven't gone to court yet, but he thinks he can tell me where I can live at. I currently don't have a license or a car yet, so he does the drop off and pick up (even though he is always late) We have an agreement now that is notarized showing that I have him 75% of the week.

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

I highly suggest you contact and retain an attorney. It is a good idea that you obtain your own transportation and a license to drive. Good luck.

1 Answer | Asked in Family Law for Maryland on
Q: currently separated from my husband. He has a girlfriend. If has given her medical power of attorney do I have rights
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 6, 2020

People are free to designate whomever they want as their health care power of attorney, regardless of their marital status, and legally the named agent has authority to communicate with doctors, etc. Obviously it could be very awkward if a wife (or husband) names a paramour while still married,... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: I have an adult son, he's had 3 strokes & he's addicted to heroin. Can I get guardianship? Can I file n family law
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 2, 2020

The prevalence of addiction sadly leaves many families trying to figure out the best ways to support and help their loved ones. Maryland law has long recognized that chronic drunkenness or addiction to drugs can render someone unable to manage their own affairs and allows for adult guardianship in... Read more »

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 »

2 Answers | Asked in Family Law and Elder Law for Maryland on
Q: My uncle is almost legally blind and my aunt has early onset Alzheimer’s but presents well, can their daughter get POA?
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 21, 2020

Unfortunately, that would not be a good idea and may create a whole host of problems down the line. You are better off petitioning the court for guardianship.

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1 Answer | Asked in Family Law and Child Support for Maryland on
Q: My daughter just turned 18 08/28/20. Due to COVID she will not go to college this semester can she still receive suppor

She plans on attending school when i go on mydhr it’s looks like the case has been closed. Was I to contact someone to let them know she does plan to attend. She has applied but not ready to take that risk

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

If you are referring to child support, that usually ends when the child graduates high school at 18/19 years old.

1 Answer | Asked in Family Law for Maryland on
Q: My fiance just died and I'm trying to get all the kids insurance and everything put in my name and I am on the birth can
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 18, 2020

I am truly sorry for your loss. Unfortunately, your question is cut off. I would suggest that you repost it.

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 Divorce, Family Law and Child Support for Maryland on
Q: how can I get my driver's license renewal suspended by child support
Elizabeth Pugliese
Elizabeth Pugliese answered on Sep 15, 2020

I presume you are asking how to get your driver's license back after being suspended by child support enforcement. The easiest way is to make a payment on the child support owed. Pay the child support and continue to make payments to keep your license from being suspended again. If you... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: My wife and I have been married for 6years. She was a divorce and is trying to put me out. Can she do that?

I've contributed finally to the apartment with rent and utilities. My name isnt on the lease

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 10, 2020

I suggest you contact an attorney for a consultation to discuss your rights to the apartment and your responsibilities for the rent and utilities. It is a marital home but your name is not on the lease so there are some special issues there.

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 Family Law for Maryland on
Q: Proposed orders

I had a child custody hearing do I follow the new proposed orders or do I continue to follow court orders that were in place until signed by a judge and sent to me? In Maryland Ordered my magistrate I do not agree with orders

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

Unless exceptions have been filed, you and the other parent can follow the new orders entered by the Magistrate.

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