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Maryland Child Custody Questions & Answers
Q: Do I need court approval to move from Maryland to Florida with sole custody?
I have full sole legal and physical custody of my child in Maryland. I'm planning to move to Florida but need to know if I need to go through the courts or notify the other parent, who has not exercised his visitation rights in 7 months. He was supposed to have visitation every other weekend... View More 
Mark Oakley
answered on Apr 22, 2025
answered on Apr 22, 2025
Notice of intent to relocate with your child may be required in (1) provided for in your signed marital settlement and custody agreement; or (2) provided for in your divorce decree or custody order. Here is the Maryland statute that addresses the issue, which provides a 90 day advance notice in... View More
Q: How to stop child support after child graduates & turns 18 in MD?
I am a divorced father in Maryland and have been paying child support for over 13 years, with shared 50/50 physical custody of my two children. My eldest child is 19 and in college, while my youngest will turn 18 and graduate high school in May 2025. The other parent is aware of my intention to... View More
Mark Oakley
answered on Apr 18, 2025
answered on Apr 18, 2025
Unless there is an earnings withholding order served on your employer that is automatically garnishing your pay to cover your child support obligation which you need to terminate, you simply stop paying as soon as your child turns 18 or graduates high school (whichever is later). No petition to... View More
Q: Can a parent be forced to pay for daycare used by the other parent in a 50/50 custody arrangement?
I have a 50/50 custody agreement with my child's other parent, where we have 3 days on and 3 days off. The child's mother uses daycare for her custodial days because of her work requirements. However, I do not need daycare during my custodial days. There is no provision in our custody... View More
Mark Oakley
answered on Mar 31, 2025
answered on Mar 31, 2025
A court can always modify a child support agreement in accordance with the Maryland Child Support Guidelines, which are mandated by statute and generally cannot be waived by agreement of the parents. So either parent can go to court to modify an agreed child support arrangement using the... View More
Q: Seeking pro bono custody assistance in Maryland for seeing children.
I am seeking assistance in Maryland for a custody issue concerning my children and need a pro bono family lawyer. The father currently has the children and is not allowing me, the mother, to see them, and we were never married. Are there specific legal aid organizations or programs in Baltimore... View More
Cedulie Renee Laumann
answered on Mar 24, 2025
answered on Mar 24, 2025
Maryland Volunteer Lawyer Service (MVLS) offers legal assistance through volunteer attorneys to persons of limited means. You can contact MVLS through their website https://mvlslaw.org/free-legal-help/ or by phone at 410-547-6537 (Mon-Thurs).
Additionally, the Circuit Courts offer pro se... View More
Q: How can I safely pursue joint custody and protect myself from my threatening partner in Maryland?
I am scared of my children's father and want to obtain joint custody, but he refuses to let me break up with him, threatening to hurt me and take my kids. I have not taken any legal action against him, and currently live in a hotel with my kids until moving into my own place on April 1st. I... View More
Lee Eidelberg
answered on Mar 14, 2025
answered on Mar 14, 2025
If your husband is placing you in apprehension of imminent serious bodily harm, you can petition the court (either District or Circuit) for a Protective Order. That Order could require your husband, by example, to refrain from having any contact with you, staying away from your current residence,... View More
Q: How to draft a marital settlement agreement in a divorce with 5 children?
I'm currently in the process of a divorce and need to draft a marital settlement agreement. My spouse and I have five children, and we have discussed all the custody and support arrangements, as well as the division of assets and debts. How should I proceed with drafting the agreement to... View More
Mark Oakley
answered on Mar 6, 2025
answered on Mar 6, 2025
Please hire a lawyer to do this. This is not a do-it-yourself project. You do not know what you do not know, and leaving necessary provisions out, or putting in the wrong provisions or wording, will cost a fortune in future litigation to try and reverse or correct, and potentially without... View More
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
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James L. Arrasmith
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answered on Dec 31, 2023
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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
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
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T. Augustus Claus
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answered on Dec 29, 2023
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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
Q: Issues with barring and parenting contract.
I am dealing with a situation involving a parenting contract and issues related to barring. What steps can I take to address these concerns, and how might this impact my rights or responsibilities within this contract?
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James L. Arrasmith
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answered on Jul 6, 2025
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answered on Jul 6, 2025
If you're facing issues related to barring—such as being denied access to your child or being prevented from participating in parenting responsibilities—it’s important to first review the specific terms of your parenting plan or court-approved agreement. A parenting contract is legally... View More
Q: What happens if I leave my husband and take my child to another state?
I'm considering leaving my verbally abusive husband and taking our two-month-old daughter with me to another state. We don't have a custody arrangement or any legal documents concerning our marriage or parental rights. What legal considerations should I be aware of before making this move?
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James L. Arrasmith
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answered on Jul 6, 2025
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answered on Jul 6, 2025
Moving to another state with your infant without your husband’s agreement can expose you to legal risk, so it’s crucial to understand your options and obligations before you go.
Unless you have sole legal custody or an emergency order from a court granting you the right to relocate with... View More
Q: What legal steps to take against school bias in favor of ex-husband?
I'm experiencing issues with my daughter's school administration, which I believe is showing parental bias in favor of my ex-husband. Recently, when I attempted to dismiss my daughter early, I was told I needed a court order, which had never been required before. Despite having... View More
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James L. Arrasmith
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answered on Jun 13, 2025
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answered on Jun 13, 2025
That sounds incredibly frustrating and painful, especially when you’re doing your best to protect your role as a parent. When a school disregards a valid custody schedule outlined in a Marital Settlement Agreement, it can feel like a betrayal—not just legally, but emotionally. You’ve already... View More
Q: Can I testify to support my friend in his child custody case?
I'm supporting my close friend, whom I consider a brother and godson, in his child custody case. Over the years, he shared with me the challenges he faces due to his ex-wife, who has weaponized his relationship with their daughter and denied communication despite a judge's order. I am... View More
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James L. Arrasmith
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answered on Jun 12, 2025
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answered on Jun 12, 2025
Your testimony can absolutely help your friend's custody case, though your effectiveness as a character witness will depend on specific factors. Character witnesses like long-term friends can testify about a parent's dedication, love for their children, and responsible nature, helping to... View More
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Q: How can I protect my kids from my criminally-linked ex seeking custody?
I am a concerned parent currently facing a custody case initiated by my ex, who has been uninvolved with our children for the past six months. My ex is under investigation by the Department of Homeland Security for arranging scam marriages for citizenship purposes, and his wife is allegedly... View More
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James L. Arrasmith
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answered on May 31, 2025
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answered on May 31, 2025
You need to move quickly to gather and preserve any proof of your ex’s misconduct—photos of bruises, written statements from witnesses, school or medical reports, and any records you have of the DHS investigation. When you file your response to the custody petition, include these documents as... View More
Q: Do I need to submit all documents requested in custody case discovery?
In a child custody case, the defendant's lawyer requested a "certificate regarding discovery," asking for several documents from the plaintiff. There is no deadline mentioned, and the mediation hearing to discuss enforcing the custody order is approaching. Do I need to submit all the... View More
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James L. Arrasmith
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answered on May 15, 2025
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answered on May 15, 2025
You are obligated to provide the documents requested in the discovery process, but only those that are relevant and required. Since the "certificate regarding discovery" asks for specific documents, you should carefully review the request and ensure that you understand which documents are... View More
Q: Can I change my daughter's school if my ex-wife moves? Custody is 50/50.
I have 50/50 custody of my 8-year-old daughter, who is currently in the second grade. She goes to school in the district where my ex-wife lives. My ex-wife mentioned she might move during the summer, which could potentially force a change in my daughter's school. We don’t have any specific... View More
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James L. Arrasmith
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answered on Apr 13, 2025
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answered on Apr 13, 2025
With 50/50 custody, both parents typically share decision-making authority over major issues like school enrollment. Since your separation agreement doesn’t mention a specific school, any decision about changing schools should ideally be made together. If your ex-wife moves and the current school... View More
Q: Ex wants removal from birth certificate; biological father deceased.
I have a situation where my ex-partner, who willingly signed the birth certificate after acknowledging the child was not biologically his, now wants to be removed from it. The biological father is deceased, and my ex has been involved in the child's life. There are text messages indicating his... View More
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James L. Arrasmith
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answered on Apr 13, 2025
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answered on Apr 13, 2025
When someone signs a birth certificate knowing they’re not the biological parent, they’re still legally presumed to be the parent unless a court says otherwise. Your ex may now want to be removed, but since he acknowledged the child and acted as a parent, the court will look at the best... View More
Q: Can MD father stop child support due to unemployment?
I live in Maryland. The custodial parent has full parental rights, and the non-custodial parent (father) has court-ordered visitations on Sundays. He’s required to pick up the child for visits, and the custodial parent picks the child up afterward. The father is $17,000 in arrears for child... View More
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James L. Arrasmith
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answered on Apr 12, 2025
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answered on Apr 12, 2025
No, a parent cannot simply stop paying child support in Maryland just because they are unemployed or not working a traditional job. A child support order remains legally enforceable until it is modified by the court. If the father is not meeting his child support obligation, even due to... View More
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
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
answered on Jul 15, 2024
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.
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.
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