Maryland Child Custody Questions & Answers
Q: Divorced parents have shared custody 50/50-but mother takes teen less than 50%- can father get full phys. custody?
14 yo teen wants to live with father due to poor relationship w/ his mother. It's a battle each time he is scheduled to go there - and has at times, refused to get in her car. She continues to collect child support but rarely takes her son except for 1 or 2 nights on weekend. Son is registered to... Read more »
Yes. Hire a lawyer to file for modification of custody and support.
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 »
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.
Q: My brother is going through an issue w/ custody of his daughter and his ex wife is trying to take full custody
He told me that she can get full custody since they both don’t currently live in my nieces school district and she filed first so he has no rights. I don’t live in Maryland and I was wondering if this is true and or if there is anything that can be done or if he is leaving important information out
The best thing he can do it get an attorney asap. He has rights as a father. School district is one of many factors that may be considered when determining factors that would be in the best interest of the child.
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 »
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 »
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
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 »
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
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 »
Q: What proper/careful steps do I take to make sure an abusive parent/estranged husband is not given custody or visitation?
My children’s father/estranged husband abused me for 18 yrs. My bones have been broken, & I’ve been covered in lumps & bruises. His violent alcoholic abuse turned into countless death threats & he started threatening & physically abusing the boys & my disabled Mother. Which he admit to in... Read more »
Your situation needs a lawyer to ask you questions and get more information in order to advise you. So, please contact an attorney experienced in divorce and domestic violence.
Q: Is there a way that Me and my sister can move with my dad because my mom is rarely there to take care of us.
I’m 17 and have been asking my mom multiple times if I could go live with my father because she is constantly getting home late from work where she works from 8:00am - 4:30 but gets home at a lot of times 9pm or even sometime 12am at night. When she isn’t home always have to take care of my... Read more »
Your father can file to modify custody. He does not need your mother's permission to do so. Also in the state of Maryland, you can petition the court in your own right to modify YOUR custody. If your sister is under 16, she cannot do it herself.
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 »
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.
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 »
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 »
Q: My childs father is going for shared custody
He was abusive to me and got arrested when i finally called 911 and i have a protective order and through that protective order i made sure he could see our daughter this happened 5 months ago she is now 8 months but he sees her tuesday,thursday 4-9pm on those days and monday, Wednesday, 4-9pm and... Read more »
If he actually said that in court, he is not getting joint custody. One of the factors in determining custody is sincerity of request. The parent has to want to have the child, not just want to get out of child support.
The court will consider the totality of the situation in... Read more »
Q: Is it considered child support fraud if my son resides with me for the last 2 years and she still receives child support
She refuses to switch his school or stop the child support because it helps her pay her bills. But I feed him clothe him take and pick up from school what can I do? I have plenty of text messages and people who have witnessed this who stated they would go to court for me
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?
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... Read more »
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
Sons father wanted an abortion, was verbally suicidal, showed no interest, hasn’t seen son in over a year and recently contacted said he was okay if things stayed the same. He admitted to looking on social media to see sons up bringing but no contact when in state (and at same work place) to see... Read more »
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... Read more »
Q: Is there anything mother can do about father allowing child to miss 2 days school for a visit? She has tie breaker.
We have our child for a holiday coming up and then have them for a family event the next week. Their mother wants us to bring back from out of state for just 2 days of school. Then pay to fly them out again for the family event. It’s a lot of unnecessary travel for 2 school days. Do we have to do... Read more »
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.... Read more »
Q: My ex- husband has sole and physical custody of my kid in MD. who is responsible for the child medical expenses ?
My ex- husband has sole and physical custody of my kid in MD. who is responsible for the child medical expenses ?
Sole legal and physical custody/ The custodial and non-custodial parent : Who is responsible for medical expenses ?My son is hospitalized and the insurance requires a co-pay, my... Read more »
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... Read more »
Q: Default hearing for custody
Were scheduled for a default hearing for custody, visitation and support for my child. We had a private processing server serve him but he didn’t respond in the time frame (30 days). An order of default was granted and a default hearing is scheduled, what should I expect at this hearing.What... Read more »
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
Our relationship isn’t healthy and my daughter isn’t close with him. I have proof of him leaving her in the dark for 30 minutes when I went to work. He cheats on me and for the first 4 months of when our youngest was born, he wasn’t there at all. CPS came and did an investigation and told me... Read more »
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... Read more »
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
I have made several attempts too have the defendant served with a show cause order I have mailed certified 7 times went too her job contacted friends and family and been too her home in which she was home looking out the window while my friend was knocking on the door. She refused too 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... Read more »
Q: In Maryland, can I obtain child support while pregnant or at least begin the process before the child is born?
I was a virgin at the time of conception, so paternity is not in question. My ex stopped communicating as soon as he learned I was pregnant, so I am hoping the courts can hold him accountable as soon as possible.
No. You must wait until after birth.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
