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Maryland Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: How do I find out what type of custody my grandmother has of my child?

So let's start off with I was at 18-19 at the time. I didn't have a house nor a job unfortunately I was working but then I lost my job due to not being fast enough in a fast food restaurant. Lol "jokes on me" but anyways my grandmother called child protective services on me the... Read more »

Mark Oakley
Mark Oakley answered on Mar 24, 2022

A non-biological parent cannot have enforceable legal custody without a court order awarding it. Therefore, look for a court case in your grandmother's name awarding custody to her. Such a court order would have to be issued only by the circuit court in the county where the child resided (or... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Maryland on
Q: Hi I am from Louisiana but recently moved to Maryland I have questions.

I received full custody of my son in 2019 after his dad was arrested for choking him and other things, my son's dad went back to prison in September 2019 for attempted murder on police and has been in there since, sentenced to 14 years. His father has a long record of violent offenses and... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Feb 23, 2022

Yes you will need his signature. believe it or not, you will have to consent to your boyfriend adopting your son too. There is a process to go though. A good lawyer can guide you through this process.

1 Answer | Asked in Child Custody and Child Support for Maryland on
Q: Do I need a lawyer now that my child’s father is suing for sole legal and physical custody?

We have a currently child support case open this custody case opened after.

Mark Oakley
Mark Oakley answered on Dec 24, 2021

Considering the consequences if you lose and he is awarded sole custody, I think you may wish to consider hiring a lawyer to insure that does not happen. Waiting until after you lose at trial is too late.

1 Answer | Asked in Family Law, Divorce, Child Custody and Child Support for Maryland on
Q: Where can I get a lawyer for a low income family?
Scott Scherr
Scott Scherr answered on Dec 1, 2021

Contact Maryland Volunteer Lawyers Services, Legal Aid, or your local bar association.

1 Answer | Asked in Divorce and Child Custody for Maryland on
Q: My ex girlfriend and I live together with our two kids.It’s my house in my name. What rights does she have?

I want her to move out. I pay everything and the kids have my last name. What are my rights

Mark Oakley
Mark Oakley answered on Nov 26, 2021

You have two issues: a landlord/tenant issue, and a custody/child support issue. If there's domestic violence going on, that is a potential third issue, or one which could arise based on how she reacts to whatever it is you do about the first two issues. The good news is (for you), you are... Read more »

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: Do I need permission from my ex-wife to get my kids covid tested.

I have 50/50 joint custody and my ex is anti-vax and anti covid-19 testing. I want to take my kids to a convention this weekend that requires testing and so I ran it by the kids first, with the intent to ask her after I talked to them. One of the kids told her before I had a chance and now... Read more »

Mark Oakley
Mark Oakley answered on Oct 19, 2021

Is there a court order or judgment in place awarding one of you sole residential custody, or sole or final say in major medical decisions, or do you have shared custody or to you share those decisions equally? Is there a custody agreement in place that addresses the issue? You need to review your... Read more »

1 Answer | Asked in Criminal Law, Child Custody and Civil Litigation for Maryland on
Q: If I had a criminal charge expunged, can the police report

from the incident that led to my arrest be used as evidence in a civil hearing?

Mark Oakley
Mark Oakley answered on Sep 18, 2021

No. First of all, the contents of a police report is hearsay, so unless the report has some non-hearsay evidentiary purpose, it will not be allowed over your objection even were the case not expunged. The police officer who wrote the report can be called to testify as to matters over which they... Read more »

1 Answer | Asked in Juvenile Law and Child Custody for Maryland on
Q: how do you obtain a order from juvenile court terminating jurisdiction
Mark Oakley
Mark Oakley answered on Sep 16, 2021

Without more facts, this question is so broad as to not be answerable without writing a book to cover all possible scenarios that could have prompted the question. File a motion to terminate the court's exercise of jurisdiction. What possible legal basis you have that would entitle you to... Read more »

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: I’m legally married but had a child with another man. The other man is taking me to court. Can my husband,

Yet we are separated do anything legally to prevent the child with going with the other man. We are in md

Mark Oakley
Mark Oakley answered on Aug 17, 2021

A child born to a married woman in Maryland is presumed to be the child of the husband. The actual biological father would have to petition to establish paternity through a blood test. Custody and visitation is a separate matter decided upon by the court. Once paternity is established, the... Read more »

1 Answer | Asked in Child Custody for Maryland on
Q: wife left about two and a half years ago and absent, has a closed child abuse case, confirmed by hospital, wants custody

My wife left about two and a half years ago. We believe mental illness to be involved. She hasn’t sought help and has been almost completely absent in that time. She, in august 2019, came home briefly and beat my daughter and left about 15 welts on her legs. She was terrified of spoons for about... Read more »

Timothy E. Howie
Timothy E. Howie answered on Jun 19, 2021

Unlikely. But the situation is apparently very complicated, and one can never be certain what one judge will do. You need to retain a lawyer.

1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: Can my soon to be ex wife claim back child support

We separated 8 years ago we came to the agreement that I can see my daughter every other weekend or as much as I asked and I would give her $500 a month I sometimes gave cash , money orders , and recently online payments to her account she is saying she is going to put me on child support and claim... Read more »

Mark Oakley
Mark Oakley answered on Jun 10, 2021

She can get child support accounting from the date she files a petition for custody and support in court, so at any hearing the judge can award support going back to the date she filed. If there is a written agreement, or she can cobble together enough proof of an agreement, that you were to pay... Read more »

1 Answer | Asked in Child Custody for Maryland on
Q: hello my sister just passed and had no will what would i have to do to get custody of my niece or guardianship ?

the father is unkown

Mark Oakley
Mark Oakley answered on May 20, 2021

Hire a family law attorney and file a petition for custody.

1 Answer | Asked in Child Custody for Maryland on
Q: How can I win my custody case if the people who were given temp custody are claiming to be defacto parents
Mark Oakley
Mark Oakley answered on Apr 25, 2021

Prove you are the biological parent, and allege and be prepared to prove that you are a fit and proper person to have custody of your child. There is a very strong presumption that a child belongs with his or her biological parent, absent proof that the parent is a danger to the health or safety... Read more »

2 Answers | Asked in Family Law and Child Custody for Maryland on
Q: I want to get visitation right to see my nephew the grandmother have temporarily custody and she won't let me see her.

How do I go about getting visitation rights to see him

Mark Oakley
Mark Oakley answered on Mar 30, 2021

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 »

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3 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Maryland on
Q: If granted sole physical and legal custody, what rights do I have? If the order has Contradictions.

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 »

Timothy E. Howie
Timothy E. Howie answered on Mar 1, 2021

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 »

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1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: What Maryland visitation laws are in place for custodial parents when non custodial parent moves out of country for mil?

Non custodial parent is active duty and has 3 year orders to Japan.

Timothy E. Howie
Timothy E. Howie answered on Feb 9, 2021

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 »

2 Answers | Asked in Child Custody and Child Support for Maryland on
Q: Mom keeping daughter away from dad, never married, no order for support or visitation set up

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 »

Timothy E. Howie
Timothy E. Howie answered on Jan 17, 2021

You can file a lawsuit and ask the court to award you legal custody and physical custody of the child.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: child no longer lives with custodial parent, does my brother still need to pay child support to ex wife?

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 »

Elizabeth Pugliese
Elizabeth Pugliese answered on Jan 16, 2021

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.

1 Answer | Asked in Adoption and Child Custody for Maryland on
Q: Can I put my husband on my son's birth certificate if he isn't the father and the birth father refuses to be in his life

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?

Mark Oakley
Mark Oakley answered on Jan 15, 2021

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 »

1 Answer | Asked in Child Custody for Maryland on
Q: How can I obtain custody of kids that’s 3rd party that’s been with me for going on 5 years?

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.

Mark Oakley
Mark Oakley answered on Jan 15, 2021

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 »

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