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Maryland Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for Maryland on
Q: What does the following mean: The parties do not intend that Wife receive a pro rata share as defined in 5 CFR 838.103.

This question is in regard to a Federal Employee Retirement System (FERS) pension.

Diana Valle
Diana Valle answered on May 26, 2020

Is there more language to that order? Here is the link for the definition sections so that may help.

https://www.law.cornell.edu/cfr/text/5/838.103

1 Answer | Asked in Family Law for Maryland on
Q: I live in maryland. I would like to change the name of my son who is 7 months old. What are the steps I need to follow?
Diana Valle
Diana Valle answered on May 25, 2020

Hi, you would have to file a change of name petition. You can obtain the paperwork online or through the courts when they reopen.

1 Answer | Asked in Family Law for Maryland on
Q: wife had a baby by another man. havent been with her for 6 years. took a dna test baby isnt mine. state put a judgement

on me for child support i do not live wife soon to be x wife. do they have a legal right to do this?

Diana Valle
Diana Valle answered on May 25, 2020

You should reopen the judgment and have it vacated based on DNA evidence that the child is not yours. You do not have a legal obligation to support a child that isn't yours.

1 Answer | Asked in Family Law and Juvenile Law for Maryland on
Q: my children were placed in shelter care, i just received the order but it is not signed by a judge. Does it need to be?

if its not signed by a judge is it legal for them to keep our children?

Diana Valle
Diana Valle answered on May 25, 2020

Every order should be signed by a judge. You probably received the propose or draft order awaiting a judge's signature. You should receive a signed copy once it is signed.

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: My child's father refuses to work,his girlfriend pays for all living expenses for my kid's but we have joint custody

Can I get this modifed to get primary custody? He makes Drs appointment's and refuses to tell me. He allows her to sign all dental, medical and school paperwork as the mother. I have never received child support or asked! He calls and texts me Everytime I pick up my children and causes... Read more »

Diana Valle
Diana Valle answered on May 25, 2020

The father's girlfriend should have no authority over your children's legal issues such as medical appointments and other important paperwork. He is seriously depriving you of your parental rights to legal custody over your children. Your children have a right to child support as well.... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Family Law and Real Estate Law for Maryland on
Q: Hello, what can I legally do to get the leasing office to deal with the many noise complaints I’ve sent in?

I work an over night job and my neighbor above me leaves his young kids in the house alone early in the morning around 9 am for multiple hours a day multiple times a day, I get in the house at 7 am and cannot sleep cause of so much noise over my head, I’ve sent video recordings of the noise,... Read more »

Diana Valle
Diana Valle answered on May 25, 2020

If you have evidence of the noise being caused, and it rises to the level of disrupting your right to peace and enjoyment of your residence, you could file a nuisance complaint against your neighbor. The more evidence you have then the better. The judge would then decide based on the evidence... Read more »

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Maryland on
Q: Can a husband legally take my camera and gear?

My husband has taken my camera and gear, around 15,000.- worth out of spite. I'm a photographer and taking photos is how I make my living.

Diana Valle
Diana Valle answered on May 25, 2020

No, he cannot take your camera and gear. Although you are married, and most property acquired during marriage is marital property, that does not mean that he can take your personal property from you. Try calling the local police for assistance. I do not know if he is still residing with you, but... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: Can I get legally emancipated if both my parents are dead?

If both my parents die, I’d like to remain independent as I only have two years left till I leave for college. All the potential guardians my parents want are out of country and I don’t want that. Is there a way I could be responsible for myself and remain in the states via emancipation?

Mark Oakley
Mark Oakley answered on May 9, 2020

In theory, at age 15, a child who can prove that they can financially support themselves and manage on their own, can become emancipated. This is most common when there is substantial evidence of abuse or neglect at home, but appointment of a new guardian is the preference. However, an adult... Read more »

2 Answers | Asked in Family Law for Maryland on
Q: Baby mother is refusing to give my kids back after a visit with them but all paperwork for school and address is with me

After the mom abandoned the kids for a few months, they have been living with me. I had to enroll them in school in a new jurisdiction. I filed for child support from her which is pending. I have been allowing the kids to see her on weekends and occasionally a week. Today she tells me she’s not... Read more »

Mark Oakley
Mark Oakley answered on May 3, 2020

Seems like an emergency custody matter, but you need a lawyer. Locate a lawyer in your county of residence to file on your behalf. If the children are outside of the state of Maryland, there will be other complications.

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1 Answer | Asked in Divorce and Family Law for Maryland on
Q: My wife and I have filed for divorce. She purchased a house with my money in Maryland. Am I entitled to this property?
Pawnee A. Davis
Pawnee A. Davis answered on Apr 27, 2020

If the house was purchased during the marriage it is likely that you both are entitled to half of the house because it is marital property. If it is marital property, either of you may propose to buy the other's interest in the house or you may put the house on the market and split the proceeds.

1 Answer | Asked in Consumer Law, Criminal Law, Family Law and Personal Injury for Maryland on
Q: Is this considered abandonment?

Im a truck driver and in a secured lot I took my dog and tied him to the fence in a grassy area behind my tractor n trailer while I went and took a shower. I came out and a security guard had him in his car and off my leash. I went off and police was called. Police said it's considered... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 24, 2020

The attorneys in the Animal/Dog law section would be most likely to be familiar with this issue. You could repost there.

Tim Akpinar

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: I have 100% physical and legal, my ex has a day visit every other weekend, what happens if my ex won't return child?

I have 100% Physical and Legal custody, for safety reasons (alcohol abuse and mental instability), my child goes for a visit every other weekend for a day visit that has to be supervised by the ex's parents. So far during Covid-19 things have gone smooth, outside of angry texts, drop off and... Read more »

Mark Oakley
Mark Oakley answered on Apr 24, 2020

The courts are still hearing and processing emergency matters, so an emergency motion could be filed -- although in the case of your scenario, you may not want to wait the day or so it could take to get in front of a judge if this happens on a Sunday or Saturday when no judges are sitting. Most... Read more »

1 Answer | Asked in Criminal Law and Family Law for Maryland on
Q: I have been charged with violating a protective order because my car was seen on camera at a residence. What can i do?

Already answered

Eric Todd Kirk
Eric Todd Kirk answered on Apr 21, 2020

This is the type of offense that is treated very seriously. In the age of covid-19 and coronavirus, this is one of the few types of cases the court is entertaining. You should immediately consult with an experienced criminal defense attorney and discuss your defenses. I would suggest you no longer... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: So my grandmother told me when I buy a house she’s kicking my mother and out and she’s gonna live with me I said no

And she said I have no choice I said I don’t wanna take care of her for rest of my life and she said I don’t care my mom said her boyfriend is coming and have enough room for my brother and cousin I said I’ll call the police if y’all try that they said they would kill me I wanna cut them... Read more »

Mark Oakley
Mark Oakley answered on Apr 18, 2020

Are you an adult? You can decide who lives with you in your own home or not, not anyone else, if the home is titled or leased in your sole name. Your grandmother can evict anyone she wants to evict from her own titled or leased property. Anyone who assaults you can be charged with a crime and be... Read more »

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: In the state of Maryland Do grandparents have any rights to grandchildren if they have been the primary care giver?

In the state of Maryland, My wife and I have separated. My 2 children have lived with my parents since birth and they have provided and cared for them. My wife always wanted it that way because she would get overwhelmed and said that she couldn’t take care of them and needed help with them. So... Read more »

Mark Oakley
Mark Oakley answered on Apr 15, 2020

You alone cannot grant them legal custody, nor limit or restrict the mother's rights. You and the birth mother together can grant custody to the grandparents by consent. In the absence of consent, however, and because your parents have been the "de facto" parents of the children... Read more »

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: My son has a child out of wedlock and the child has been living with him for three years does he have custody

The mother lived with me and my husband for a 1 1/2 years with my son and the baby and then they all moved out for a year and then my son came back with my grandson and been living with us for 3 yrs now. Does he have custody or can she just take him because she want her daughter to be raise with my... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Apr 14, 2020

Without a court order, both parents have equal custody. The mother could take the child to live with her. The best solution when the parents are no longer living together is to either reach a written agreement regarding custody that is then entered as a court order or file for custody with the... Read more »

1 Answer | Asked in Employment Law and Family Law for Maryland on
Q: My job is changing me from full time to part time 3 weeks before my short term disability leave. Can they do this?

Small company less than 50

Haven’t completed a year yet

Have worked full time my whole pregnancy

Others were let go, I was given part time due to COVID-19

Joseph D. Allen
Joseph D. Allen answered on Apr 14, 2020

Depending on all the facts and circumstances, an argument could possibly be made that the employer is retaliating against you for asking for anticipated foreseeable FMLA/maternity/Maryland leave (even if you might not yet be eligible at the time of the request). However, the pandemic and layoffs... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: Do I need to retain a lawyer to obtain /file these documents?
Diana Valle
Diana Valle answered on Apr 5, 2020

What are the documents? Generally speaking, you are able to represent yourself so you are not prohibited from filing anything without a lawyer. If you provide more details I can give you a better answer.

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: I have custody grandson Visits have be agreed on with parents Bc of Covid19 do I have to allow visits during this time?

Grandson is 3, I have Sole/physical custody. Mom has stayed away to prevent any spread germs but his dad still wants a weekly visit

Elizabeth Pugliese
Elizabeth Pugliese answered on Apr 1, 2020

The Maryland Stay At Home Order specifically states that travel is permitted pursuant to any court order. If the access is court ordered, it must be allowed to go forward.

1 Answer | Asked in Family Law for Maryland on
Q: How can I find out if my sister has power of attorney over my 91 year old grandfather&what kind of POA she may have?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Mar 31, 2020

While family may have a natural desire to know what planning documents an elderly relative has in place, those details are private and there is ordinarily no obligation for a grandparent (or other planner) or the person named as attorney-in-fact to reveal the details to any other relative.... Read more »

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