How do I go about getting visitation rights to see him
This is a bit complicated. Generally speaking, the only persons absolutely entitled to visitation/access are the parents of the child, but if one or both parents are out of the picture (deceased, in jail, mentally incapacitated, or abandoned the child, etc.), then typically grandparents or... Read more »
I have a PL order that grants me sole legal and residential custody but the custodial time given to my spouse is very liberal. It also contradicts the fact that I am the one with sole legal custody. The order states that our daughter will participate in extracurricular activities and gives him the... Read more »
A pendente lite order is a temporary order that, generally, remains in effect until the actual trial. I suspect that you have an actual trial scheduled for June. If you feel that there is a sufficient reason for the court to reconsider the issue of custody after the pendente lite order but before... Read more »
Non custodial parent is active duty and has 3 year orders to Japan.
That simple question calls for a very broad answer, because how Maryland family law will apply to your particular situation may depend on whether there is a marital settlement agreement, whether any such MSA has been incorporated into a court order, whether the non-custodial parent intends to take... Read more »
My ex hasn't allowed me to see my daughter in over a month now. We don't have a court order custody agreement and haven't lived together in over a year. When I message her asking when i can see my daughter she doesn't respond and recently stated that she (my ex) doesn't... Read more »
You can file a lawsuit and ask the court to award you legal custody and physical custody of the child.
My brother and his wife had a child support agreement done while his adopted son (her biological son), lived with her full time. (13 year old boy). Since then, she has been passing him around and does NOT want him living with her and her new boyfriend. At the moment, he is living with his aunt, and... Read more »
If the agreement is actually a court order, he needs to file in court to modify the child support. He will have to prove the child is not living with her.
My sons birth father has explicitly said that he wants nothing to do with my son going so far as to refer to him as "it" when I told him about his birth. Can I just put my husband on the birth certificate without him being the father? Or do I have to go to court and prove abandonment?
Putting your husband on the birth certificate would be a lie. Ideally, if your husband is willing, he should adopt your son, and the birth father can consent to the adoption and relinquish his parental rights. Your husband then becomes the legal parent of your son, and takes on all the same legal... Read more »
The kids was placed in my home in 2016 cause the mother didn’t have electricity or running water and she was suppose to come back for them the next day and they have been here every since.
Yours is not a simple legal issue, because you are not a natural legal guardian of the children. However, Maryland recognizes "de facto" parents, which means, the persons whom the children have grown accustomed to acting as their parents when their biological parents have been absent for... Read more »
Set up Child support in 2016, i believe, making $67,000 yrly. Due to Covid my pay has decreased significantly. Because of this I have reached out to child support for Modification, Unfortunately I was told "You do not need to file a modification your job can only take 65%." I am currently... Read more »
The only was an existing child support order can change is if a court issues a new order. The way you get a new order is to file a motion to modify child support based on a change of circumstances. The other parent can consent to the change by agreement, which would make the process go fairly quick... Read more »
Was there a court order that took away your daughter's legal custody rights and granted them to you? If so, you will need another court order reversing that. Depending on the circumstances, this may be done by consent with a joint petition or motion. If there is no court order in place, you... Read more »
Case was in mid 80s Baltimore County (possibly Bmore City). My mother had 'full custody' (according to her) yet my father all my life bemoaned the fact that 'your mother won't listen to me'. He claimed to be helpless, yet if he gave up custody (and paid support) he got... Read more »
All civil cases are open to the public. You should call the court (family law division) where the divorce was adjudicated and inquire whether they still have the paper file on such an old case. If not, you will need to order it from archives. Once it is at the courthouse, you can go there to review... Read more »
Have custody agreement in place with vacations being agreed to in writing at least 2 weeks in advance. Mother has decided she does not want to let daughter go to family wedding in the same state even though she agreed in writing months ago. My daughter is to be in the wedding.
If the custody order provides for what you have described then then the mother may be in contempt/violation of the order. Consult local counsel to determine your options.
There is a protective order against my wife from Maryland to not have any contact with our minor child. She ran to California with the child. Can I file for another restraining order in California since she live there physically now? Can I file for temporary emergency custody out of California... Read more »
You should consult with a California attorney. But typically, under the full faith and credit clause of the US Constitution, CA law enforcement would recognize and protective order from Maryland. Consider contacting CA law enforcement as well where the wife resides currently.
I have 50/50 legal joint with the father as well as 3 weekends a month and he has primary residencial. He is not answering my calls or texts so I can make arrangements to pick up the children. This is court ordered. What can I do?
The court orderr should state when access occurs and where pick up is so you should not have to make arrangements. You should show up at the right time and place. If it does not, you are still supposed to have your access. If the father is not allowing it, you can file contempt with the... Read more »
I want to file for an appeal of civil case I lost in the District Court in Maryland. I would like to please know how many days do I have before filling for an appeal to get a De Novo hearing in the circuit court?
You have 30 days to file an appeal in a civil case to the Circuit Court. The only appeals that result in a de novo trial are small claims proceedings (claims filed requesting $5,000 or less in District Court), or petitions for peace orders, or domestic violence petitions. Civil claims seeking more... Read more »
I want to file for an appeal of civil case I lost in the District Court in Maryland. I would like to please know how many days do I have before filling for an appeal to get a De Novo hearing in the circuit court?
A party has generally 30 days from the final judgment to appeal. If in the District Court the appeal goes to the Circuit Court.
The plaintiff file false domestic violence restraining order case in the District Court and was found to lie. The defendant won the case. Can the plaintiff file an appeal to have the defendant trail twice for the same case?
Either party who is dissatisfied with the results in the trial court can appeal. If the case was in the District Court, the appeal goes to the Circuit Court.
If the results are negative I will gladly send him there but if they aren't back or are positive can I get in trouble for keeping him home when it is his weekend. He insists that he is pick him up regardless. I have already had him my weekend this month so I can't just trade weekends with him
Tallk to your ex. See if you can switch weekends or make it up later. You have to follow the court order but you can work out an arrangement if you both agree.
is this considered abandonment? termination of rights..? child’s DOB is 1/3/19. last seen early october 2019, last heard from late september 2019. last financial contribution late august 2019. sent email this past weekend asking to see child.. located in montgomery county maryland
Parental rights may only be terminated through a formal court proceeding. The long absence may be considered when determining custody, but it is not a termination of rights. Without a court order both parents have equal rights to parent the child. You should file for custody to determine... Read more »
I am the custodial parent . I allowed my son to go to his fathers for most weekends but I later find out that my son is being left with his fathers mother or grandmother so he can go out and party . They have traffic in and out of their house and improper heating/air . I don't feel safe with... Read more »
It depends on the custody order in place. Please consult with an attorney.
Can the court force the mother to provide the address to where the children live?
Without additional facts, it is difficult to answer this question. If there is an address shield in place or a protective order you may be able to restrict access to address. Please consult with an attorney to discuss.
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