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Maryland Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Child Support, Public Benefits and Family Law for Maryland on
Q: How to get custody of child that have been in my care for 7yrs no legal paperwork state of Maryland gives me run around
James L. Arrasmith
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answered on Dec 31, 2023

In Maryland, if you have been caring for a child for seven years without legal paperwork, you may consider filing for legal guardianship or custody. This is especially pertinent if you have been the primary caregiver and the biological parents are not involved or unable to care for the child.... View More

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: I have sole physical / legal custody of my sons. Could I marry and move to Canada after a visitation schedule change?

The court order states that I need to let the courts and their father know about a move 3 months in advance. Their father lives here in town and has the boys 3 weekends a month. We have been divorced since September 2020. The boys are 8 and 6. I do have passports for the boys. I am concerned that... View More

T. Augustus Claus
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answered on Dec 29, 2023

As the custodial parent with sole physical and legal custody of your sons, you generally have the right to make decisions regarding their residence. However, if your court order specifies a notification requirement for a move, it is crucial to adhere to those terms. Before marrying and considering... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Maryland on
Q: If I already have full custody of my nephew & petition for adoption, could I lose full custody if my petition is denied

The biological parents have not had contact with the child in over 1 year and he has not been in their custody for almost 2

Mark Oakley
Mark Oakley
answered on Oct 3, 2024

No. Denial of adoption has no effect on your custody order.

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: When a Pendente Lite custody order was in place with shared legal custody for children. A grandparent baptized the child

Parent 1 and Parent 2 had a Pendente Lite custody order in place that stated shared legal custody for children. The final court order has since occurred and maintained the shared legal custody framework. It is now 2 years since the Pendente Lite Custody was initially put in place. It was recently... View More

John Michael Frick
John Michael Frick
answered on Jul 15, 2024

Given that no harm or injury was done to the child or to either parent, it is unlikely there is any legal penalty for the grandmother's action.

2 Answers | Asked in Family Law, Adoption and Child Custody for Maryland on
Q: Would my ex be allowed to have her new husband adopt our children without my consent.

My ex has sole legal custody and primary physical custody while I have visitation overnight once a week. She has done shady things behind my back before. I just need to know if she is allowed to give consent for that without having to consult me.

Scott Scherr
Scott Scherr
answered on May 2, 2024

Both parents must consent to an adoption under the law.

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1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: can the person who has full custody of me take custody of my baby if im 16 and pregnant ?
T. Augustus Claus
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answered on Aug 16, 2023

In situations like this, it's important to consider the best interests of both you and your baby. While laws vary by jurisdiction, generally speaking, being pregnant at 16 does not automatically affect your legal custody of your child. However, your situation might be influenced by factors... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: If the motion to compel documents was granted. Will sanction occur if documents are submitted in a timely matter after?

I’m the defendant. The plaintiff was granted motion to compel documents from me. They also requested sanction, asking that I pay his attorney fees. If I turn the documents in the time the they request (5 days), can I still be sanctioned?

Jason Ostendorf
Jason Ostendorf
answered on Aug 4, 2023

I see you're in Prince George's County. Although I'm a [Baltimore County child custody lawyer](https://www.ostendorflaw.com/practice_areas/maryland-child-custody-lawyer.php), the same principles would apply in your jurisdiction as we are discussing Maryland law generally.... View More

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: Do I need to file for any kind of custody in Maryland since their dad passed away a year ago?

My kids have lived with me for a year since their dad died. We did our custody order through Maryland since at the time he lived there and I gave him primary physical custody and we had joint legal custody. Awhile later he moved to WV and passed away. I’ve lived in PA for 6 years and my kids have... View More

Mark Oakley
Mark Oakley
answered on Jul 13, 2023

No, you already had joint legal custody to begin with--the equal to your ex. Now, you are the sole legal guardian of your children.

2 Answers | Asked in Arbitration / Mediation Law, Child Custody, Child Support, Divorce and Family Law for Maryland on
Q: What happen if I respond for a mediation meeting without being legally served? does it make me being legally served?

I was compelled to meet in a zoom meeting for mediation for child support in CA. But I already initiated a complaint for divorce, child support and custody in Maryland. Do I have to attend it? what is going to happen with the action in Maryland?

Mark Oakley
Mark Oakley
answered on Jul 12, 2023

You need a lawyer to review the jurisdictional issues. The Uniform Child Custody Jurisdiction and Enforcement Act has been codified in both CA and MD (and every other state, I believe) and there must be a hearing first to determine which state court will hear the case and exercise jurisdiction... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: Am I within my rights to withhold a month's child support if he'll be with me that entire month?

He lives in MD, I live in CA. I'm passing for his airfare to come out per the agreement. She's expecting me to travel with him to take him back. I'll need that money for food and other expenses during his visit. The agreement was processed through a Maryland court so I'm sure it... View More

Mark Oakley
Mark Oakley
answered on Jul 2, 2023

If your child support order does not already include a waiver of child support while your child is with you exclusively for a month or whatever period of time you have him, then no, you cannot unilaterally withhold child support or take it to defray your costs. Only another court order modifying... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Maryland on
Q: How long does it take to get a to get a divorce case that was obtained on major fraud in front of the Maryland Supreme C

It has already been appealed but the majority of the evidence found after the fact.

Mark Oakley
Mark Oakley
answered on Jul 1, 2023

An appeal from the circuit court goes first to the Appellate Court of Maryland (formerly called Court of Special Appeals). Although the Supreme Court of Maryland (formerly the Court of Appeals) has the discretion to take jurisdiction over an appeal pending before the Appellate Court, it rarely does... View More

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: How do I go about getting a custody order that was given in Georgia back in 2017 enforceable in Maryland?
Mark Oakley
Mark Oakley
answered on May 7, 2023

In order to enforce an out-of-state judgment or order in Maryland (or in any other state) you need to first obtain an “exemplified” or “triple seal” copy of the order/judgment from the state that issued it. This is different from a regular certified copy. It requires three signatures... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: My son's father owes over $12,000 in child support and refuse to pay. He closed all his bank accounts and quit his jobs.

He started working under the table, moved so I cannot find his address, and has Virginia license tags. He has social media showing that he is working and stated in text messages that he is working his own business under the table. He gets him during the summer, and I get to see him during my... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on Apr 27, 2023

You need to file contempt. Deliberate failure to follow a court order could cause a judge to hold him in contempt. Contempt is to secure future compliance with an order -- so yes, the court can actually make him follow it. Or face severe consequences up to and including jail.

For...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: What legal actions can I take against my children’s father for neglect and abandonment in Maryland?

I am currently Homeless I have two small toddlers, and I am currently pregnant. The father of my children refuses to provide any help and does not pick the children up one days he said he supposed to. He does not send financial help, and he is verbally, and sometimes physically abusive to me. What... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 17, 2023

First, if you are homeless with children the immediate need would seem to be to secure housing for your family. A variety of government and non-government agencies are available to help. The local Department of Social Services may be a good place to start, or you may want to reach out to an... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: If the mother has full custody and she chose no child support, could she still put me on child support at a later date?

I gave away all my rights so the mother has full sole custody. In the paperwork she chose to not put me on child support at the time. If she ever wanted to could she put me on child support even though I’m not responsible for the child at all?

Mark Oakley
Mark Oakley
answered on Apr 5, 2023

Yes. Both parents ALWAYS remain legally responsble to support their minor children. That legal obligation cannot be waived and "contracted" away, except through legal adoption (where another person adopts your child and you relinquish your parental rights). Absent a legal adoption, if... View More

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: Does my baby mother have the right to know my precise location when I have our child if she knows the street address?

I told her the street address where I was staying and showed her around the house and even let her talk to the owner of the apartment but I don’t feel comfortable telling her the door number. I am living with my uncle to get financially stable and he said she cannot come over. At first she agreed... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on Feb 15, 2023

Yes she has the right to know the precise location. If there is an emergency she needs to know exactly where the child is. Playing games about addresses never goes over well if this gets to court. Being more forthcoming and being willing to work with the other parent by giving information... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: Can my dad win my custody of me even tho he owes some child support money from previous years?

He has a debt because he had an injury and stop working, that formed into a debt. My mom is trying everything she can to not let me see him and now has an arrest warrant towards him. Since we live in different states if he were to travel to see me he will get arrested. I don’t want to live with... View More

Mark Oakley
Mark Oakley
answered on Jan 27, 2023

If you are a minor child, so you are limited in what you can do. Your father's child support arrearage is not a bar to his having primary residential custody. Judges will start to take into consideration the wishes of the minor child at around age 12, and by 15 or 16, the child's... View More

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: Can videos taken by the security camera at the marital house be used legally as evidence in court?

I and my spouse separated. I moved out and my spouse stayed with the marital house. One day when picking up my child from that house for a doctor appointment I noticed that someone else was in that house.

Then I realized that I still had access to the front door security camera. By checking... View More

Mark Oakley
Mark Oakley
answered on Jan 19, 2023

Possibly, since your spouse presumably knew when the videos were created that the video surveillance system was in place and operational, so that she cannot claim she was videotaped without her knowledge or consent, even if she forgot she was being recorded. But further legal research should be... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: what does "Maryland annotated code, courts and judicial proceedings 6-202..." mean in a custody case?
Mark Oakley
Mark Oakley
answered on Jan 16, 2023

That section simply sets forth the appropriate court venue (the county or City of Baltimore) where a suit may be filed for various types of actions. In the case of a custody matter, that Section states, "[T]the following actions may be brought in the indicated county: ... (5) Action relating... View More

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Maryland on
Q: How can I petition terminating guardianship of a minor who was previously a foster child with DSS?

The child was a former foster child and we were granted guardianship of the child. However the child has become extremely unsafe, has several mental health challenges and it's become way more than what we can offer to support them. Where would we go to petition the court, the juvenile court... View More

Mark Oakley
Mark Oakley
answered on Sep 17, 2022

You file in the Circuit Court for the county (or City of Baltimore) where you and the child currently resides. However, if the child is no longer under the jurisdiction of the Juvenile Court because he has reached the age of majority (18-21 years old) and has not otherwise been declared mentally... View More

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