Maryland Child Custody Questions & Answers
Q: Does my sons father have the right to claim him as a dependent on taxes without my consent?
Mark Oakley's answer
He can claim him, but he will not be doing so legally. Your son does not live with him the requisite number of overnights per year to claim him; only you have the right. If you both claim him, the IRS will inquire as to these facts. Parties can, by agreement, split or alternate, by year, claiming their child on their taxes, so if you have signed such an agreement, you may be bound to it. In the absence of an agreement, you are the only parent with the right to claim the deduction based on...
He can claim him, but he will not be doing so legally. Your son does not live with him the requisite number of overnights per year to claim him; only you have the right. If you both claim him, the IRS will inquire as to these facts. Parties can, by agreement, split or alternate, by year, claiming their child on their taxes, so if you have signed such an agreement, you may be bound to it. In the absence of an agreement, you are the only parent with the right to claim the deduction based on...
Q: Can I file a complaint for custody and child support even if I was married at the time of conception and birth?
Mark Oakley's answer
You can always file to establish paternity, custody and child support against the biological father. It is possible to just file for child support by going to the Office of Child Support Enforcement in your county (or City of Baltimore), but you will need to have the name and current address of the father. That office can then transmit the case to the jurisdiction where the father lives to open a case there. These cross-state child support matters often involve the father being summonsed to...
You can always file to establish paternity, custody and child support against the biological father. It is possible to just file for child support by going to the Office of Child Support Enforcement in your county (or City of Baltimore), but you will need to have the name and current address of the father. That office can then transmit the case to the jurisdiction where the father lives to open a case there. These cross-state child support matters often involve the father being summonsed to...
Q: My friend recently came out as a lesbian and now her ex husband is flipping out. Can he take her kids away from her?
Elizabeth Pugliese's answer
Custody is determined by a number of factors based on the best interest of the children. Sexual orientation is not one of the factors. If she has a new partner, the character of the new partner may matter -- regardless of gender of the new partner.
Custody is determined by a number of factors based on the best interest of the children. Sexual orientation is not one of the factors. If she has a new partner, the character of the new partner may matter -- regardless of gender of the new partner.
Q: Ok so my wife had custody of my now 10 year old daughter but my daughter actually has been living with me.
Elizabeth Pugliese's answer
If there is a court order in effect, you must continue to follow the Order. However, if your daughter is actually living with you, you need to go to court and get that order modified so that you can stop paying child support.
If there is a court order in effect, you must continue to follow the Order. However, if your daughter is actually living with you, you need to go to court and get that order modified so that you can stop paying child support.
Q: I was awarded sole custody of my son in MD. Prior to our divorce, my ex moved to NY. Can she stop me moving to CA?
Elizabeth Pugliese's answer
The concern for the court is -- will this affect the current custody arrangement. If she is supposed to see the kids every other weekend, well that's harder from California. But if it won't affect the current arrangement, unlikely to be able to actually stop it.
However, even if she says you can't go. You can always file with the court for permission to move. If the court feels it is in the best interest of the child and there will still be access (skype/facetime is great for...
The concern for the court is -- will this affect the current custody arrangement. If she is supposed to see the kids every other weekend, well that's harder from California. But if it won't affect the current arrangement, unlikely to be able to actually stop it.
However, even if she says you can't go. You can always file with the court for permission to move. If the court feels it is in the best interest of the child and there will still be access (skype/facetime is great for...
Q: Cps took my sons mother to court and they granted me custody and gave her supervision Visitations what do that mean
Mark Oakley's answer
Supervised visitation means that she cannot be alone with her son when seeing him, but requires the presence of a responsible adult who will be available to act to protect the child in the event of inappropriate behavior. A parent’s custodial and visitation rights that have been taken away or restricted are always subject to being restored or modified by the court. The court applies the “best interest of the child” standard, but if the biological parent is able to prove that they are fit...
Supervised visitation means that she cannot be alone with her son when seeing him, but requires the presence of a responsible adult who will be available to act to protect the child in the event of inappropriate behavior. A parent’s custodial and visitation rights that have been taken away or restricted are always subject to being restored or modified by the court. The court applies the “best interest of the child” standard, but if the biological parent is able to prove that they are fit...
Q: My child is 18 and graduated June 1st. VA Child Support Agency say I have to pay CP for the entire month. Is this true?
Elizabeth Pugliese's answer
Yes. The child still has expenses just because of an accident of being born on the first day of the month does not make that go away.
Yes. The child still has expenses just because of an accident of being born on the first day of the month does not make that go away.
Q: I have full physical and sole custody, visitation states its by my discretion that the father sees her. He is now
Elizabeth Pugliese's answer
Custody is always modifiable based on a material change of circumstances. However, to have joint custody granted involves a lot of factors such as ability of the parents to communicate, the location of the parents homes with respect to each other and the child's school, and the involvement of the parent seeking joint custody in the child's life.
Custody is always modifiable based on a material change of circumstances. However, to have joint custody granted involves a lot of factors such as ability of the parents to communicate, the location of the parents homes with respect to each other and the child's school, and the involvement of the parent seeking joint custody in the child's life.
Q: My ex has not tried to see/call his child since Nov 2017. Is this grounds for abandonment? He also is not paying support
Elizabeth Pugliese's answer
The visitation is between you and your ex. His parents cannot just step in and take over his place. You do not have to give them the child for his access. IF he chooses to exercise his access, come get the child and then let his parents see the child during that time, he can do that. But you do not need to make sure his family has access.
The visitation is between you and your ex. His parents cannot just step in and take over his place. You do not have to give them the child for his access. IF he chooses to exercise his access, come get the child and then let his parents see the child during that time, he can do that. But you do not need to make sure his family has access.
Q: Maryland, If I file for full primary physical and legal custody for my child, am I able to also file for child support?
Jumoke F Oladapo's answer
Yes, you can request for child support in the same complaint that you filed." Complaint for custody and Child Support".
Yes, you can request for child support in the same complaint that you filed." Complaint for custody and Child Support".
Q: My wife moved her bf into my 4 and 6-year-old children's house. Now she is pregnant. She does not know I know. Leverage?
1 Answer
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Child Custody, Child Support, Domestic Violence and Libel & Slander
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Maryland
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Answered on Jun 19, 2018
Answered on Jun 19, 2018
Elizabeth Pugliese's answer
Leverage for what? If you are already separated, she has every right to move on. Unless there is something dangerous about him -- that you can prove -- she can do this.
Leverage for what? If you are already separated, she has every right to move on. Unless there is something dangerous about him -- that you can prove -- she can do this.
Q: Can my sons father be granted joint custody even though I've been son's sole provider since birth?
Mark Oakley's answer
Florida does not have jurisdiction to decide custody or child support if your son resides with you here. You should go down to the circuit court and file for custody, you also need to consult a lawyer about challenging jurisdiction in Florida. The Uniform Child Custody Jurisdiction Act has been adopted in every state, and should be applied the same way in both Florida and Maryland, so that the Maryland court will control the case. If the child’s been with you here so long, it is very unlikely...
Florida does not have jurisdiction to decide custody or child support if your son resides with you here. You should go down to the circuit court and file for custody, you also need to consult a lawyer about challenging jurisdiction in Florida. The Uniform Child Custody Jurisdiction Act has been adopted in every state, and should be applied the same way in both Florida and Maryland, so that the Maryland court will control the case. If the child’s been with you here so long, it is very unlikely...
Q: Me and my husband have had his daughter living with us for 12 years. We are married. Her biological mother hasn’t had
1 Answer
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Family Law, Child Custody and Child Support
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Maryland
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Answered on Jun 9, 2018
Answered on Jun 9, 2018
Mark Oakley's answer
This is a very complicated matter, and not possible to fully address on this forum. Maryland should retain jurisdiction over the custody issue under the Uniform Child Custody Jurisdiction Act, but you may have to file an action in Michigan to force the return of your husband’s daughter. Consult an experienced lawyer in MD.
This is a very complicated matter, and not possible to fully address on this forum. Maryland should retain jurisdiction over the custody issue under the Uniform Child Custody Jurisdiction Act, but you may have to file an action in Michigan to force the return of your husband’s daughter. Consult an experienced lawyer in MD.
Q: If my husband got our apartment as a benefit for working with the company, can he go to the rental office to move?
1 Answer
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Family Law, Child Custody and Child Support
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Maryland
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Answered on Jun 1, 2018
Answered on Jun 1, 2018
Alan Solomon's answer
Yes but if he does that you will have 30 days to go to court and ask for support
Yes but if he does that you will have 30 days to go to court and ask for support
Q: My husband got caught on a dating app and now wants a divorce, he also wants me and the kids to leave. What are my righ
2 Answers
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in
Child Custody, Child Support and Divorce
for
Maryland
on
Answered on Jun 1, 2018
Answered on Jun 1, 2018
Elizabeth Pugliese's answer
If your name is on the lease, you have a right to remain. However, if the company provides the apartment as a benefit of employment, they may want the apartment back if you divorce. You will be given a reasonable period of time to move.
Alimony is based on your ability to be self-supporting. It is unlikely that you will get alimony if you make more. However, child support is not based on need but the requirements of both parents to support their children.
If your name is on the lease, you have a right to remain. However, if the company provides the apartment as a benefit of employment, they may want the apartment back if you divorce. You will be given a reasonable period of time to move.
Alimony is based on your ability to be self-supporting. It is unlikely that you will get alimony if you make more. However, child support is not based on need but the requirements of both parents to support their children.
Q: I filed for sole custody & physical cust in Anne Arundel county but the father filed in Baltimore county, can he do that
Elizabeth Pugliese's answer
He can do that. Since you have been served, you need to file a Motion to Transfer Venue to Anne Arundel County and get him served. Otherwise the case will go forward in baltimore county.
He can do that. Since you have been served, you need to file a Motion to Transfer Venue to Anne Arundel County and get him served. Otherwise the case will go forward in baltimore county.
Q: We have a Consent Order that covers CS & custody for 2 kids. One of them is now 18. Can we get the CO modified easily?
Elizabeth Pugliese's answer
If you have reached a new agreement you can submit a joint motion with the new agreement. If there is no agreement, you must follow the process. The prior judge will not just sign a new order without a motion.
If you have reached a new agreement you can submit a joint motion with the new agreement. If there is no agreement, you must follow the process. The prior judge will not just sign a new order without a motion.
Q: Need some advice here regarding my father, stepmom and custody that crosses international borders
1 Answer
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Child Custody, Divorce, Family Law and International Law
for
Maryland
on
Answered on May 16, 2018
Answered on May 16, 2018
Richard Sternberg's answer
The parties interested in custody need to consult Maryland counsel. This issue cannot be competently handled by remote control with an interested, non-custodial step-brother.
The parties interested in custody need to consult Maryland counsel. This issue cannot be competently handled by remote control with an interested, non-custodial step-brother.
Q: going after custody of my daughter would it be hard if she has been in the custody of her grandma for 8yrs? (Maryland)
Nyasha A. West's answer
To modify custody in Maryland, you must show the court there is a material change in circumstances and that a modification of the existing child custody order is in the Best Interest of the Child.
In the scenario you have described, it appears you have undergone significant changes that have occurred since the entry of the initial order and that your daughter’s current living situation is adversely impacting her welfare and that continuing to live with her grandmother is in not in...
To modify custody in Maryland, you must show the court there is a material change in circumstances and that a modification of the existing child custody order is in the Best Interest of the Child.
In the scenario you have described, it appears you have undergone significant changes that have occurred since the entry of the initial order and that your daughter’s current living situation is adversely impacting her welfare and that continuing to live with her grandmother is in not in...
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