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Maryland Family Law Questions & Answers

1 Answer | Asked in Family Law for Maryland on

Q: How do I change baby’s name if I don’t know the fathers adress or phone number or contact information

Mark Oakley answered on Aug 8, 2019

You have to show a diligent effort to locate him, and that may require hiring a private detective to conduct at least a basic search of available public databases and skip trace, then provide a written statement listing the efforts, databases and results of the search. Then you attach that report... Read more »

1 Answer | Asked in Divorce and Family Law for Maryland on

Q: Does release of any & all claims in a divorce decree pertain to only Family Law, or would it include contract and tort?

Mark Oakley answered on Aug 1, 2019

The specific provision containing the release would have to be reviewed, but generally, these releases are all-encompassing as of the date of the agreement containing the release, unless otherwise limited. Releases will not be construed to cover claims arising after the date of the release, but... Read more »

1 Answer | Asked in Child Custody and Family Law for Maryland on

Q: What legal actions can I take for sole custody of my child or joint ?

My childs father will not stick to the agreements we have and it is very difficult at times. I would like either full custody or a court ordered joint visitation. Not to mention he only wants to do “every other weekend”. His family does most of the work for him as far as picking my child up and... Read more »

Bennett James Wills answered on Jul 31, 2019

Need more information. If you do not have a court order regarding custody and visitation than you should contact a local attorney to best determine your options. Court orders can be enforced better than informal agreements.

2 Answers | Asked in Family Law and Child Custody for Maryland on

Q: Pregnant stay at home mom.

My sister is a pregnant (7 months) stay at home mom of 3 girls (babygirl due in October). Her husband was caught cheating on the same day my sister told him she was pregnant. She’s had a part time job for the last year in efforts to transition back into the work force. Now she has a high risk... Read more »

Elizabeth Pugliese answered on Jul 30, 2019

The parent with more money is not a consideration. It is who actually cares for the children and is willing to care to for them. If he suddenly wants the kids when he only sees them when he asks while not providing any financial support, the court will likely realize this is about not paying... Read more »

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1 Answer | Asked in Family Law and Child Custody for Maryland on

Q: What can I do to see my kids even when the mother says no

She doesn't have a stable home she does not work

Dawn Renee Gould answered on Jul 29, 2019

Your question is very vague. Is there already a court order in place? Is there is a contractual agreement between you two? If there is not a court order, you need to file a complaint for access/visitation/custody. If there is a court order and she is violating it, you need to file contempt and... Read more »

1 Answer | Asked in Family Law for Maryland on

Q: In Maryland can we do our own seperation agreement

Dawn Renee Gould answered on Jul 29, 2019

You not only can do your own separation agreement but if it goes to court you can represent yourself. There are no laws requiring an attorney to draft anything or an attorney to represent you. However, keep in mind, if you do not seek legal advice on drafting it or do not have an attorney draft it... Read more »

1 Answer | Asked in Divorce and Family Law for Maryland on

Q: Cancelling vacation schedule after confirming it?

The divorce settlement between my ex and I states she has one (summer) vacation week that she has to give 30 days notice to me for. A few weeks ago, she emailed the vacation week she will be taking; however, a week later, emailed again that she will no longer take the vacation the week she... Read more »

Dawn Renee Gould answered on Jul 17, 2019

Unfortunately, you won't get a court hearing within 2 weeks so you can't get an immediate resolution through the courts. You can however advise her that she is to STILL take your child the week that she said she was going to take your child and advise her that even though she may not be "going" on... Read more »

1 Answer | Asked in Child Support and Family Law for Maryland on

Q: Hello, if I’ve filed for emergency modification of custody and Im not Receiving child support will they address it?

if I’ve filed for emergency modification of custody as the custodial parent and Im not Receiving child support will they address it in the emergency hearing or do I need file a separate request for them to establish child support? I previously was paying it to the mom before Custody was... Read more »

Dawn Renee Gould answered on Jul 14, 2019

You need to file to terminate the child support that you were paying to mom and you need to file to establish child support for mom to pay you. They will not address child support in a custody hearing unless you also filed for child support.

1 Answer | Asked in Family Law and Appeals / Appellate Law for Maryland on

Q: Is a ruling final when the judge states, Dismissed, in court and the plaintiff asked to withdraw her motion?

Trying to decide if a ruling was based on the merits and therefore final and support Res Judicata on the same issue in the future. I was in court and told the judge I did not want to go forward with my motion because I did not know it was on the docket and am not prepared. Another issue of child... Read more »

Mark Oakley answered on Jul 13, 2019

In all likelihood, yes, the dismissal is with prejudice in these circumstances and you will be precluded from re-raising the same issue based on anything that has happened up through the date of dismissal. When a party comes to court on their trial date and is unprepared to proceed, unless the... Read more »

2 Answers | Asked in Contracts, Family Law and Real Estate Law for Maryland on

Q: MD Rule 8-209 & 8-210 give court jurisdiction to disperse of the property after 3 years if the PSA wasn't done.

Family law post divorce issue- the property settlement agreement (PSA) was never executed due to many issues one being frustration of the contract and the X refusing to do his share of the agreement making it impossible for wife to do her role so the marital house still sits paid for and not... Read more »

Cedulie Renee Laumann answered on Jul 12, 2019

Your circumstances may benefit from consulting with a lawyer who focuses on family law. You may wish to sit down with such a lawyer to best understand your situation, including any controlling court orders.

In response to the actual question posted, however, "how can one interpret Md...
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2 Answers | Asked in Child Support and Family Law for Maryland on

Q: If a non custodial parent dies. Can I get child support court ordered from the spouse of the deceased non custodial?

Elizabeth Pugliese answered on Jul 12, 2019

Child support is between the parents. The spouse has no legal obligation to provide support to the child.

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1 Answer | Asked in Family Law and Child Support for Maryland on

Q: Exhusband owes back support $85K for 3 kids who graduated from college. He is working & has VA disablity. Can I collect

What do I need to do to get this back child support? I have expenses that I incurred to financially support our children for the past 20 years independently.

Mark Oakley answered on Jul 10, 2019

Consult a lawyer about this. It depends on when the child support order was entered, if the arrests or any part of the arrears was reduced to a monetary judgment, and how long it has been since the order and/or judgment has been entered. Generally, court orders for child support remain active... Read more »

2 Answers | Asked in Family Law and Child Custody for Maryland on

Q: What's a formal format letter for custody to be notarized vs going thru legal court system

What's the legal binding of this type of agreement

Mark Oakley answered on Jul 10, 2019

Lawyers draft separation, property settlement, custody and support agreements all the time, sometimes just addressing one or two of those issues. This forum is not designed to provide legal forms for do-it-yourself drafting. Custody, visitation and support agreements or consent orders (as well as... Read more »

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1 Answer | Asked in Consumer Law, Divorce and Family Law for Maryland on

Q: Im A 33yr old married woman and my husband is incarcerated currently but he will be released some time next month

he claims that he has won a law suite against the baltimoe police dept and won how do I find out if this is true or not?

Dawn Renee Gould answered on Jul 8, 2019

If you are planning to remain married to him, the only way to find out is to go online to Maryland Judiciary public case search and see if there was in fact a lawsuit. If you are planning on divorcing him, that information can be obtained though the discovery process.

1 Answer | Asked in Family Law for Maryland on

Q: How do I remove a girlfriend/mother of my child from my house. She's not on deed but living here for last few years.

She needs to go as things are bad and she won't stop badgering me and starting verbal fights.

Cedulie Renee Laumann answered on Jul 5, 2019

Assuming there is no lease, an owner of property can always ask an adult occupant to leave ("vacate"). However, an occupant cannot usually be forced out without following legal procedure.

Usually an owner will give 30 days written notice to leave (shorter time frames may exist for...
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1 Answer | Asked in Family Law for Maryland on

Q: what can i do if my ex-husband fail to make his alimony payments and i do not have expenses for court cost.

My husband has his own business and own 4 brand new dump truck and is out purchasing new vehicles as well as purchased his mother a new car and making her monthly payments; but is not paying his alimony. What should I do?

Cedulie Renee Laumann answered on Jun 19, 2019

Many courts in this state offer a pro-se or "self help" family law clinic. They are usually staffed by volunteer attorneys who take the time to answer questions about family law issues and assist with filing out court forms. While these attorneys do not represent in court, their insight and... Read more »

1 Answer | Asked in Adoption and Family Law for Maryland on

Q: do i need permission from my ex for my fiancé to adopt if I have sole physical & legal custody?

My ex recently after 5 yrs just starting repaying back support, he has renewed his interest which leads me to believe he would not actively participate and cooperate with my fiancé adopting my daughter. The ex hasn’t seen my child in over 4 years because he has long history of substance abuse.... Read more »

Cedulie Renee Laumann answered on Jun 19, 2019

The legal standard for adoption is different than for granting sole custody. A natural parent must be notified of adoption proceedings. Adoption generally requires the natural parent's consent or a court order terminating the natural parent's rights as a parent (in extreme circumstances).... Read more »

1 Answer | Asked in Family Law and Child Custody for Maryland on

Q: What right do a Noncustodial parent have when it’s no Custody/Visitation order in place

Mom and child are maryland residents. Dad lives in Philadelphia. Mom is the only one on the birth certificate but dad did Establish paternity. We have been to court but the case was dismissed without prejudice because dad didn’t show up. So now I’m face with boundaries being cross confuses as... Read more »

Elizabeth Pugliese answered on Jun 13, 2019

Unless there is an order specifying otherwise, both parents have equal rights to have the care of the child and to make decisions about the child.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Maryland on

Q: Can I move out of state with my 6 month old?

My daughter has been under my sole care until she was 4 months old, but due to an abusive situation at my parents, we had to move in with her father( the only other person we know in Maryland.) Me and my child's father were never married but he signed an Affidavit of Paternity after she was born.... Read more »

Mark Oakley answered on May 26, 2019

It’s a complicated question. With no court order in effect, either parent has legal authority to have physical custody and can move out of state. However, because this is the child’s home state of residence, Maryland courts have jurisdiction to hear a custody dispute under the Uniform Child... Read more »

1 Answer | Asked in Family Law, Products Liability, Gaming and Social Security for Maryland on

Q: Can my parents take my phone

Can my parents take my phone if I am 15 and I bought the phone under my own name and with my own money. If they take it away is that stolen prop

Griffin Klema answered on May 3, 2019

Whether it is "stolen" or not, I'm guessing there's at least a fair reason the phone was taken from you, even though you seem to disagree with that reason. At 15 years old, you are probably still considered a "minor" which means you are too immature to have certain rights (i.e. vote, consume... Read more »

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