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Maryland Child Custody Questions & Answers
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... View 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... View 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... View More

1 Answer | Asked in Child Custody for Maryland on
Q: Looking to see if I can get help with Child Support.

Set up Child support in 2016, i believe, making $67,000 yrly. Due to Covid my pay has decreased significantly. Because of this I have reached out to child support for Modification, Unfortunately I was told "You do not need to file a modification your job can only take 65%." I am currently... View More

Mark Oakley
Mark Oakley
answered on Dec 28, 2020

The only was an existing child support order can change is if a court issues a new order. The way you get a new order is to file a motion to modify child support based on a change of circumstances. The other parent can consent to the change by agreement, which would make the process go fairly quick... View More

1 Answer | Asked in Child Custody for Maryland on
Q: I have custody of my granddaughter, how do I give custody back to my daughter
Mark Oakley
Mark Oakley
answered on Dec 15, 2020

Was there a court order that took away your daughter's legal custody rights and granted them to you? If so, you will need another court order reversing that. Depending on the circumstances, this may be done by consent with a joint petition or motion. If there is no court order in place, you... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: Can I request my parents' divorce records? They nvr told me the truth. I just want a straight answer about happened.

Case was in mid 80s Baltimore County (possibly Bmore City). My mother had 'full custody' (according to her) yet my father all my life bemoaned the fact that 'your mother won't listen to me'. He claimed to be helpless, yet if he gave up custody (and paid support) he got... View More

Mark Oakley
Mark Oakley
answered on Dec 5, 2020

All civil cases are open to the public. You should call the court (family law division) where the divorce was adjudicated and inquire whether they still have the paper file on such an old case. If not, you will need to order it from archives. Once it is at the courthouse, you can go there to review... View More

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: Can mother refuse to let child attend family wedding she agreed to let her attend in writing?

Have custody agreement in place with vacations being agreed to in writing at least 2 weeks in advance. Mother has decided she does not want to let daughter go to family wedding in the same state even though she agreed in writing months ago. My daughter is to be in the wedding.

Bennett James Wills
Bennett James Wills
answered on Dec 1, 2020

If the custody order provides for what you have described then then the mother may be in contempt/violation of the order. Consult local counsel to determine your options.

1 Answer | Asked in Family Law, Divorce and Child Custody for Maryland on
Q: Can you file a restraining order in different state if the defendant keeps moving from state to state?

There is a protective order against my wife from Maryland to not have any contact with our minor child. She ran to California with the child. Can I file for another restraining order in California since she live there physically now? Can I file for temporary emergency custody out of California... View More

Bennett James Wills
Bennett James Wills
answered on Dec 1, 2020

You should consult with a California attorney. But typically, under the full faith and credit clause of the US Constitution, CA law enforcement would recognize and protective order from Maryland. Consider contacting CA law enforcement as well where the wife resides currently.

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: What do if I do if my children's father will not answer my calls to see the children when it's court ordered?

I have 50/50 legal joint with the father as well as 3 weekends a month and he has primary residencial. He is not answering my calls or texts so I can make arrangements to pick up the children. This is court ordered. What can I do?

Elizabeth Pugliese
Elizabeth Pugliese
answered on Nov 30, 2020

The court orderr should state when access occurs and where pick up is so you should not have to make arrangements. You should show up at the right time and place. If it does not, you are still supposed to have your access. If the father is not allowing it, you can file contempt with the... View More

1 Answer | Asked in Appeals / Appellate Law, Divorce, Family Law and Child Custody for Maryland on
Q: I lost a case in Maryland District Court, how long do I have to file an appeal for De Novo hearing in circuit court?

I want to file for an appeal of civil case I lost in the District Court in Maryland. I would like to please know how many days do I have before filling for an appeal to get a De Novo hearing in the circuit court?

Mark Oakley
Mark Oakley
answered on Nov 28, 2020

You have 30 days to file an appeal in a civil case to the Circuit Court. The only appeals that result in a de novo trial are small claims proceedings (claims filed requesting $5,000 or less in District Court), or petitions for peace orders, or domestic violence petitions. Civil claims seeking more... View More

1 Answer | Asked in Appeals / Appellate Law, Divorce, Family Law and Child Custody for Maryland on
Q: I lost a case in Maryland District Court, how long do I have to file an appeal for De Novo hearing in circuit court?

I want to file for an appeal of civil case I lost in the District Court in Maryland. I would like to please know how many days do I have before filling for an appeal to get a De Novo hearing in the circuit court?

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Nov 28, 2020

A party has generally 30 days from the final judgment to appeal. If in the District Court the appeal goes to the Circuit Court.

2 Answers | Asked in Appeals / Appellate Law, Divorce and Child Custody for Maryland on
Q: If the plaintiff lose a case to the defendant, can the plaintiff file an appeal to have defendant trial twice?

The plaintiff file false domestic violence restraining order case in the District Court and was found to lie. The defendant won the case. Can the plaintiff file an appeal to have the defendant trail twice for the same case?

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Nov 28, 2020

Either party who is dissatisfied with the results in the trial court can appeal. If the case was in the District Court, the appeal goes to the Circuit Court.

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1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: My ex was tested for covid our son is suppose to be with him this weekend. Can I keep him if his results aren't back

If the results are negative I will gladly send him there but if they aren't back or are positive can I get in trouble for keeping him home when it is his weekend. He insists that he is pick him up regardless. I have already had him my weekend this month so I can't just trade weekends with him

Elizabeth Pugliese
Elizabeth Pugliese
answered on Nov 26, 2020

Tallk to your ex. See if you can switch weekends or make it up later. You have to follow the court order but you can work out an arrangement if you both agree.

1 Answer | Asked in Child Custody for Maryland on
Q: biological ‘father’ has not seen child, no financial contribution, or communication with mother in over a year.

is this considered abandonment? termination of rights..? child’s DOB is 1/3/19. last seen early october 2019, last heard from late september 2019. last financial contribution late august 2019. sent email this past weekend asking to see child.. located in montgomery county maryland

Elizabeth Pugliese
Elizabeth Pugliese
answered on Oct 28, 2020

Parental rights may only be terminated through a formal court proceeding. The long absence may be considered when determining custody, but it is not a termination of rights. Without a court order both parents have equal rights to parent the child. You should file for custody to determine... View More

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: Is allowing my son's father to come to our home to visit my son considered keeping him away

I am the custodial parent . I allowed my son to go to his fathers for most weekends but I later find out that my son is being left with his fathers mother or grandmother so he can go out and party . They have traffic in and out of their house and improper heating/air . I don't feel safe with... View More

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Oct 8, 2020

It depends on the custody order in place. Please consult with an attorney.

1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: Does the father have the right to know the custodial parent address if they are paying child support?

Can the court force the mother to provide the address to where the children live?

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Oct 8, 2020

Without additional facts, it is difficult to answer this question. If there is an address shield in place or a protective order you may be able to restrict access to address. Please consult with an attorney to discuss.

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: How can I get the father off of my daughters birth certificate if I can't find him.

My ex husband faked an at home paternity test when my daughter was 3. I never questioned it since it was a way to get him out of our lives. He's had no contact with my daughter since. Now my daughter is 13 and wants to know for sure that he is her father and to have him removed for her birth... View More

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Sep 21, 2020

You are looking for advice on a very complicated matter that requires the assistance of counsel. I highly suggest you reach out to counsel in your county/city to discuss your options. Counsel can provide several mechanisms for locating him that you may not have at your disposal. And your case is... View More

1 Answer | Asked in Child Custody for Maryland on
Q: Can someone change a child’s school from one county to another with a proposed order? Not signed by a judge?

There was a hearing and new proposed orders in Maryland my son started school already and upon receiving these proposed orders he was taken out of his current school by the other party and enrolled in another county they haven’t started school yet. In the current order we have joint custody in... View More

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Sep 19, 2020

If there was a court hearing and a decision was made by the judge/magistrate, you have to follow the new order entered.

1 Answer | Asked in Child Custody and Child Support for Maryland on
Q: how can I get custody without the other parent paying child support if we both agreed? Is it possible to get it to $0

We both don’t want each parent to pay support. But agreed on parent plan

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Sep 19, 2020

You can ask the court to set the child support where you and the other parent are generally charged with supporting the child(ren). You do have to be able to justify not paying support to each other though.

2 Answers | Asked in Child Custody for Maryland on
Q: If both of my parents have custody and, i want to stop going to my dads/stepmoms house am I aloud to resist going?
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Sep 18, 2020

This answer is complicated--it depends. It depends on your age. At a certain point, the court will take into account your age and preference. Your parents have to follow the order as written. If they don't then they are in contempt of court.

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