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Maryland Child Custody Questions & Answers

1 Answer | Asked in Family Law and Child Custody for Maryland on

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 »

Elizabeth Pugliese answered on Jun 13, 2019

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.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Maryland on

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 »

Mark Oakley answered on May 26, 2019

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 »

1 Answer | Asked in Child Custody and Child Support for Maryland on

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 »

Elizabeth Pugliese answered on Apr 28, 2019

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...
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1 Answer | Asked in Child Custody and Child Support for Maryland on

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

Elizabeth Pugliese answered on Mar 20, 2019

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.

1 Answer | Asked in Family Law and Child Custody for Maryland on

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 answered on Mar 20, 2019

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 »

1 Answer | Asked in Child Custody and Child Support for Maryland on

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 »

Dawn Renee Gould answered on Mar 20, 2019

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 »

1 Answer | Asked in Child Custody for Maryland on

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 »

Dawn Renee Gould answered on Mar 20, 2019

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 »

1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on

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 »

Dawn Renee Gould answered on Feb 23, 2019

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 »

1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on

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 »

Dawn Renee Gould answered on Feb 23, 2019

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.

1 Answer | Asked in Child Custody, Divorce and Family Law for Maryland on

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 »

Dawn Renee Gould answered on Feb 23, 2019

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 »

1 Answer | Asked in Family Law and Child Custody for Maryland on

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.

Mark Oakley answered on Feb 17, 2019

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 »

2 Answers | Asked in Child Custody, Child Support and Family Law for Maryland on

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.

Mark Oakley answered on Jan 31, 2019

No. You must wait until after birth.

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1 Answer | Asked in Family Law, Tax Law and Child Custody for Maryland on

Q: Does my sons father have the right to claim him as a dependent on taxes without my consent?

My son lives with me and goes to his fathers house every other weekend(Friday night and returns home Sundays) he has threaten to claim him as a dependent he also pays child support and we split child care expenses

Mark Oakley answered on Dec 19, 2018

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,... Read more »

1 Answer | Asked in Child Custody and Child Support for Maryland on

Q: Can I file a complaint for custody and child support even if I was married at the time of conception and birth?

Nobody is listed as the father on the birth certificate. I didn’t file for “legal” separation. Husband lives out of state and no contact. Child is not my estranged husband’s baby.

Mark Oakley answered on Nov 17, 2018

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... Read more »

1 Answer | Asked in Child Custody for Maryland on

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 answered on Nov 10, 2018

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.

1 Answer | Asked in Child Custody and Child Support for Maryland on

Q: Ok so my wife had custody of my now 10 year old daughter but my daughter actually has been living with me.

My ex moved out of state but is un willing to give me an address. She has not told me when and how she wants to arrange visitation. Do I still need to pay child support according to Maryland law?

Elizabeth Pugliese answered on Sep 28, 2018

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.

1 Answer | Asked in Family Law and Child Custody for Maryland on

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?

She has been in and out of jail/rehab and lives with her boyfriend and his mother. I have 2 other children with my new wife, and we have all beem together as a family for 3 years.

Elizabeth Pugliese answered on Aug 29, 2018

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...
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1 Answer | Asked in Child Custody for Maryland on

Q: Cps took my sons mother to court and they granted me custody and gave her supervision Visitations what do that mean

Its been 2years still no job or place of her own can she get my son back

Mark Oakley answered on Aug 15, 2018

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... Read more »

1 Answer | Asked in Child Custody for Maryland on

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 answered on Aug 15, 2018

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.

1 Answer | Asked in Child Custody for Maryland on

Q: I have full physical and sole custody, visitation states its by my discretion that the father sees her. He is now

Showing more interest now that he has a new girlfriend. He ignores me when he has her and takes advantage of me often. He demands her and I am afraid if I say no he will try and take me to court for joint custody. He is an inattentive father and has not had her for more than 15 hours a week max... Read more »

Elizabeth Pugliese answered on Jul 30, 2018

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... Read more »

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