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Maryland Child Custody Questions & Answers

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 »

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...
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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.

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