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Maryland Child Custody Questions & Answers

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 »

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

Q: My ex has not tried to see/call his child since Nov 2017. Is this grounds for abandonment? He also is not paying support

Ex's parents are trying to intervene to take his visitation. I shouldn't have to deal with them, should I? He and his parents don't speak. He and I made the court custody agreement. They didnt like it and are trying to not only take his visitation but change what we agreed to.

Elizabeth Pugliese answered on Jul 11, 2018

The visitation is between you and your ex. His parents cannot just step in and take over his place. You do not have to give them the child for his access. IF he chooses to exercise his access, come get the child and then let his parents see the child during that time, he can do that. But... Read more »

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

Q: Maryland, If I file for full primary physical and legal custody for my child, am I able to also file for child support?

None at this time

Jumoke F Oladapo answered on Jun 26, 2018

Yes, you can request for child support in the same complaint that you filed." Complaint for custody and Child Support".

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

Q: My wife moved her bf into my 4 and 6-year-old children's house. Now she is pregnant. She does not know I know. Leverage?

Elizabeth Pugliese answered on Jun 19, 2018

Leverage for what? If you are already separated, she has every right to move on. Unless there is something dangerous about him -- that you can prove -- she can do this.

1 Answer | Asked in Child Custody for Maryland on

Q: Can my sons father be granted joint custody even though I've been son's sole provider since birth?

There is no custody agreement but my sons father is on Child support (but doesn't pay the full amount). I have been the only one taking care of my son since birth (2011) and he's been in my custody. In 2013, I moved to Maryland from Florida and had to put my sons father on child support. I don't... Read more »

Mark Oakley answered on Jun 13, 2018

Florida does not have jurisdiction to decide custody or child support if your son resides with you here. You should go down to the circuit court and file for custody, you also need to consult a lawyer about challenging jurisdiction in Florida. The Uniform Child Custody Jurisdiction Act has been... Read more »

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

Q: Me and my husband have had his daughter living with us for 12 years. We are married. Her biological mother hasn’t had

Had little to no contact for those years and zero contact for 3 years. My step daughter got mad at us, ran away, and found her way to her biological mother somehow. We immediately filed for full custody the next morning. When her mother found out (we filed for an emergency hearing), she took her... Read more »

Mark Oakley answered on Jun 9, 2018

This is a very complicated matter, and not possible to fully address on this forum. Maryland should retain jurisdiction over the custody issue under the Uniform Child Custody Jurisdiction Act, but you may have to file an action in Michigan to force the return of your husband’s daughter. Consult... Read more »

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

Q: If my husband got our apartment as a benefit for working with the company, can he go to the rental office to move?

To another property without me and the children? He wants to separate but what does that mean for me and the kids?

Alan Solomon answered on Jun 1, 2018

Yes but if he does that you will have 30 days to go to court and ask for support

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

Q: My husband got caught on a dating app and now wants a divorce, he also wants me and the kids to leave. What are my righ

He works for the company and feel like its his apartment but both our names are on the lease. Can I file for spousal support if I make more than him?

Elizabeth Pugliese answered on Jun 1, 2018

If your name is on the lease, you have a right to remain. However, if the company provides the apartment as a benefit of employment, they may want the apartment back if you divorce. You will be given a reasonable period of time to move.

Alimony is based on your ability to be...
Read more »

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1 Answer | Asked in Child Custody for Maryland on

Q: I filed for sole custody & physical cust in Anne Arundel county but the father filed in Baltimore county, can he do that

I live in Anne Arundel county. The father lives in Baltimore county. I didn’t get him served yet but he served me. The baby lives in Anne Arundel county with me. He is 9 months old.

Elizabeth Pugliese answered on May 31, 2018

He can do that. Since you have been served, you need to file a Motion to Transfer Venue to Anne Arundel County and get him served. Otherwise the case will go forward in baltimore county.

1 Answer | Asked in Child Custody for Maryland on

Q: We have a Consent Order that covers CS & custody for 2 kids. One of them is now 18. Can we get the CO modified easily?

All the documentation on the court house website looks to file motions for CS modification coupled with income documentation. Isn't their an easier way? Like file a motion with the Judge who signed off on the original CO, to sign a new one?

Elizabeth Pugliese answered on May 30, 2018

If you have reached a new agreement you can submit a joint motion with the new agreement. If there is no agreement, you must follow the process. The prior judge will not just sign a new order without a motion.

1 Answer | Asked in Child Custody for Maryland on

Q: How soon can one file custody for a child that is not born yet in the state of Maryland?

Mark Oakley answered on May 21, 2018

After they are born.

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

Q: Need some advice here regarding my father, stepmom and custody that crosses international borders

Stepmom is from England, Son was born here in the US while they were married. They are now separated and stepmom, bro live here in Maryland while my dad is still in Texas. They have no formal custody agreement and divorce papers have not been filed. She doesn't want my father to have contact due to... Read more »

Richard Sternberg answered on May 16, 2018

The parties interested in custody need to consult Maryland counsel. This issue cannot be competently handled by remote control with an interested, non-custodial step-brother.

1 Answer | Asked in Child Custody for Maryland on

Q: going after custody of my daughter would it be hard if she has been in the custody of her grandma for 8yrs? (Maryland)

i lost her when she was 3 months old i was 16 living in my moms house which was a disaster and i also have bipolar disorder. since this has happened i moved out of state to (Arizona) with my mom when she sold her house, leaving my daughter with her dad he won custody. eight years have passed I'm on... Read more »

Nyasha A. West answered on May 7, 2018

To modify custody in Maryland, you must show the court there is a material change in circumstances and that a modification of the existing child custody order is in the Best Interest of the Child.

In the scenario you have described, it appears you have undergone significant changes that...
Read more »

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

Q: child relocation father lives out of state already

Me and my soon to be husband want to relocate to Atlanta Georgia from Severn Maryland with my two boys 10 and 9. I have full custody and joint legal custody with tie breaking authority. My ex moved almost two years ago back to California to remarry and be near support. The boys have lived in... Read more »

Terrence M. Nolan answered on Apr 30, 2018

See previous answer.

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

Q: Can i relocate with my kids? i have physical custody and joint legal. My ex lives across the country

Me and my soon to be husband want to relocate to Atlanta Georgia from Severn Maryland with my two boys 10 and 9. I have full custody and joint legal custody with tie breaking authority. My ex moved almost two years ago back to California to remarry and be near support. The boys have lived in... Read more »

Terrence M. Nolan answered on Apr 30, 2018

You have two options: 1. Go and see what happens; if you make it 6 months in GA before your Husband files in Maryland, he would have to file in GA; 2. File a Motion in the Maryland Court seeking Court permission to move to GA. It will likely be granted, since it is just as easy to book a flight... Read more »

1 Answer | Asked in Child Custody for Maryland on

Q: Is it possible to get custody of my sister, father in jail and mom is gone. I have guardianship

I have had guardianship of my sister for over 6 months now, but I've had her living with me for over a year now. Her father is currently incarcerated and has been for a year now. He is a heroin addict and has put her life in danger countless times. Her mothee is out of the picture.

Terrence M. Nolan answered on Apr 30, 2018

Are you over 18? How old is your sister? Are you employed? How have you done as guardian? You can file in the Circuit Court where you live and seek custody. The Judge will make a decision based on the best interests of your sister. Dad can be served in jail quite easily.

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

Q: I need a quick answer to make sure I’m not incriminating myself in a existing case

Just it clearly states that since the other part was found in contempt she has to return the children to me immediately because she has shown that she is capable of doing so but in the meantime she wants to turn it into a situation where she wants me to do what’s ordered of her. Can that affect... Read more »

Terrence M. Nolan answered on Apr 30, 2018

Check the wording of the Court Order carefully, it only applies to the Party stated therein, and only requires them to do what is stated. In other words, if only you filed for contempt against her, then the Order that arose from that would likely only apply to her, unless the Court ordered... Read more »

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

Q: How do I modify legal custody from joint to sole if other parent has purposely disappeared with no contact information?

My daughter's father filed for sole custody a little over 2 years ago. The judge actually awarded me primary physical custody and we have joint legal. Right after the trial my ex disappeared, claiming he would be out of town for work. He has not attempted to contact or see my daughter since Dec... Read more »

Mark Oakley answered on Mar 21, 2018

Hire a lawyer to file a petition to modify custody. Provide your factual basis for the request in the petition, which I assume will include the fact that the father has not exercised visitation in years and doesn’t know your child anymore and your child’s changing needs require you to be able... Read more »

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