Maryland Child Custody Questions & Answers
Q: Is it considered child support fraud if my son resides with me for the last 2 years and she still receives child support
Elizabeth Pugliese's answer
You MUST file to modify the child support. As long as the order is in place, it must be followed. If she will not modify it, you must.
You MUST file to modify the child support. As long as the order is in place, it must be followed. If she will not modify it, you must.
Q: we have joint custody but the mother has physical custody. Can you move out of state with our 8 year old?
Dawn Renee Gould's answer
It depends upon what your court order states regarding custody/access and moving. If you have custody/access and her move disrupts/hinders it, then you can file contempt because your access/custody rights have been violated. Carefully read your court order. If you don't have a court order, I would file for a custody order.
It depends upon what your court order states regarding custody/access and moving. If you have custody/access and her move disrupts/hinders it, then you can file contempt because your access/custody rights have been violated. Carefully read your court order. If you don't have a court order, I would file for a custody order.
Q: Chance of full custody if sons father hasn’t been a part in over a year and has shown no interest of being a part
Dawn Renee Gould's answer
No attorney can guarantee what a court will do. Custody involves many factors and it also depends upon what is testified to at trial by you, him, and witnesses, if there is a trial. Much more information would be needed to assess the probability of you getting court ordered physical and legal custody. You may also try to resolve it through agreement rather than litigation. An attorney can draft a custody agreement and see if he signs it, then file it with the court. But again, too many...
No attorney can guarantee what a court will do. Custody involves many factors and it also depends upon what is testified to at trial by you, him, and witnesses, if there is a trial. Much more information would be needed to assess the probability of you getting court ordered physical and legal custody. You may also try to resolve it through agreement rather than litigation. An attorney can draft a custody agreement and see if he signs it, then file it with the court. But again, too many...
Q: Is there anything mother can do about father allowing child to miss 2 days school for a visit? She has tie breaker.
Dawn Renee Gould's answer
That's really a loaded question. It depends upon what your custody agreement states regarding access/visitation. If the mother of the child has tie-breaker regarding access/visitation then yes, she can file contempt if you don't bring the child back, again, depending upon what your order states. Additionally, if the child misses school without the mother's permission and the child is in your custody then that can be seen as an additional cause for contempt. An attorney may better assist you...
That's really a loaded question. It depends upon what your custody agreement states regarding access/visitation. If the mother of the child has tie-breaker regarding access/visitation then yes, she can file contempt if you don't bring the child back, again, depending upon what your order states. Additionally, if the child misses school without the mother's permission and the child is in your custody then that can be seen as an additional cause for contempt. An attorney may better assist you...
Q: My ex- husband has sole and physical custody of my kid in MD. who is responsible for the child medical expenses ?
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Answered on Feb 23, 2019
Answered on Feb 23, 2019
Dawn Renee Gould's answer
If a Judge didn't sign an Order, then you don't have an Order at all. If you signed an agreement with your ex, then whatever the agreement states, is what you need to abide by unless you file to strike the agreement. If you don't abide by it or even if he doesn't abide it, one or both of you can file contempt for violating the agreement. By law, both parents have a right to access medical and school records. Legal custody means the right to make decisions on the medical care, not the right...
If a Judge didn't sign an Order, then you don't have an Order at all. If you signed an agreement with your ex, then whatever the agreement states, is what you need to abide by unless you file to strike the agreement. If you don't abide by it or even if he doesn't abide it, one or both of you can file contempt for violating the agreement. By law, both parents have a right to access medical and school records. Legal custody means the right to make decisions on the medical care, not the right...
Q: Default hearing for custody
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Answered on Feb 23, 2019
Answered on Feb 23, 2019
Dawn Renee Gould's answer
Typically, an Order of Default is granted in these types of scenarios but also the other parent may show up for the hearing, even though the other parent didn't file an Answer. Regardless, testimony will be taken a the hearing and the Judge will make a ruling based on the testimony and evidence.
Typically, an Order of Default is granted in these types of scenarios but also the other parent may show up for the hearing, even though the other parent didn't file an Answer. Regardless, testimony will be taken a the hearing and the Judge will make a ruling based on the testimony and evidence.
Q: I’m separating from my husband &want to move out of Maryland to another state and there’s no custody arrangement
Dawn Renee Gould's answer
It's probably prudent to file for custody prior to moving. However, without a custody agreement, you are free to move anywhere. The risk that you run if you move with your daughter is your husband filing for custody and then you'll have to return to MD to defend the suit. You said that you are separating so a custody agreement can be part of your separation agreement and if he agrees to all property distribution as well then you won't have a waiting period to get divorced.
It's probably prudent to file for custody prior to moving. However, without a custody agreement, you are free to move anywhere. The risk that you run if you move with your daughter is your husband filing for custody and then you'll have to return to MD to defend the suit. You said that you are separating so a custody agreement can be part of your separation agreement and if he agrees to all property distribution as well then you won't have a waiting period to get divorced.
Q: can I serve a show cause order via Facebook if I’m having problems serving the person in person and mail and the sherif
Mark Oakley's answer
No. Pay $50-75 to have a private professional process server make service, and if the defendant continues to evade service, the process server will prepare an affidavit of the attempts to serve and reasons why they believe the defendant is deliberately avoiding service. Based on that affidavit, you can file a motion for alternative service, requesting a court order to allow service by first class mail and posting a copy on her door.
No. Pay $50-75 to have a private professional process server make service, and if the defendant continues to evade service, the process server will prepare an affidavit of the attempts to serve and reasons why they believe the defendant is deliberately avoiding service. Based on that affidavit, you can file a motion for alternative service, requesting a court order to allow service by first class mail and posting a copy on her door.
Q: In Maryland, can I obtain child support while pregnant or at least begin the process before the child is born?
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Answered on Jan 31, 2019
Answered on Jan 31, 2019
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?
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.
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