My daughter is an alcoholic and getting sicker. I want to go to court to apply for custody.
answered on Sep 18, 2020
I am sorry to hear about your daughter. Yes, you can petition the court for third party custody. However, it is not something you should do without the assistance of counsel. Unless the Department of Social Services is involved, it is unclear as to how you can be a foster parent for your... View More 
We have a court signed Settlement Agreement granting "joint legal custody." The order outlines that I have unlimited access and visitation rights to our children. However, the former wife routinely states that "you are not their parent, I am." When I press visitation issues,... View More
answered on Sep 17, 2020
File a motion to enforce court order/settlement agreement, and for contempt. Ask further for a set schedule of visitation, or to modify custody to make you the primary custodian since she is not allowing access.
The father had no idea that his daughter was being put up for adoption cause he was incarcerated
answered on Sep 9, 2020
If the father has been released, he can petition the court for access. It is unclear from the facts whether he will prevail or not. Either way, it is not something that I'd recommend he should take on by himself, he does need counsel.
My daughter's father and I currently live one hour apart. I would like to move about two and a half hours away from him, with him driving the same amount as he currently does and I will make up the difference. This move would make a huge difference financially. Would it be illegal for me to... View More
answered on Aug 24, 2020
I don't think it's a wise idea to do so. You can offer to pay for travel expenses and you should obtain counsel to at the very least help you create a child custody agreement in a more formal manner. That way you and your child(ren) are protected in the event things don't work out as... View More
Child support was filed with the state. The Mom was advised because paternity will now be legally established, sole custody should be filed with family court as well.
answered on Aug 18, 2020
Without knowing the exact facts of the case and all parties involved, if that is the advice that she received, then she should follow it. You are correct in that a paternity action must be filed. Once paternity is established, mom can file for child support and custody. Good luck!
I filed a motion for custody for schooling an had mentioned about child support in the motion went to trial got the new order of there recommendation but it don't mention anything about child support an its been the same amount for almost 5yrs even with reasonable parenting time but now... View More
answered on Aug 16, 2020
If it is not in the Order, it did not change. The order contains everything that changed. For child support to change, you have to present evidence at trial about why the child support has to change and the amount of the expense that causes the changed. It is not just asking for it to change... View More
The mother also just recently got a do you DUI and DWI. The daughter is traumatized and does not want to go, she wants to be legally with her father all the time. Can you help us tell us what to do
answered on Aug 12, 2020
You can have dad file an emergency petition for custody. However, doing so requires additional documents such as a motion to shorten time. I do not suggest you or dad undertake this without the assistance of counsel. You should also contact your local Department of Social Services and file a report... View More
My sons father has primary physical custody(he has him 3 days more than i a week depending on the mo th and holidays we split) and and we have shared legal custody, can i claim my son on my taxes?
answered on Aug 10, 2020
The child tax credit is set for IRS regulations based on the number of overnights. The parent with the most overnights is entitled to claim the child on taxes -- unless that parent agrees in writing to allow the other parent to claim.
My sons' are 9 and 12. They refuse to go back to their Father's house. We have 50/50 custody, but no schedule agreement filed with the court. After taking several comments from them out of context, my ex husband bagged up all their belongings from the house he shares with them and dropped... View More
answered on Aug 1, 2020
Given the limited facts above, I am unclear what you mean about 50/50 custody but no schedule agreement. If you are saying that there is no court order or involvement, then I'd wait and see if the matter blows over. Humans are complicated especially with emotions involved so this may just blow... View More
They've taken away all my rights and are an abusive like stage when they drink (every night). I'm not sure if I can make it to 18 with them like this and I honestly dont know what to do. I dont want to get involved with CPS again and I cant live with my mom as of now. My boyfriends... View More
answered on Jul 30, 2020
Assuming that your grandparents have custody of you through a legal proceeding, to become emancipated (which will allow you to make your own decisions) you will have to file a petition for emancipation in the same custody case. There is no guarantee that it will work but I suggest that you contact... View More
I filed for child support, but the Dad does not work and there is no custody order in place. Is it even worth it to file? I have heard rumors that I would have to pay Dad as I have a greater income.
answered on Jul 29, 2020
Yes, it is worth it. The court will impute income onto dad. That means that for calculation purposes, the court will calculate the guidelines as if he has a minimum wage job. Currently that is $11.00 depending on your county of residence. Some counties in MD have a higher minimum wage. So if you... View More
answered on Jul 26, 2020
Two separate things. If you want access and are not getting it, you must file for it. You are entitled to some form access whether or not you are paying child support. On the other hand, paying child support does not guarantee a certain level access.
My ex wife and I have a signed Judgment of Absolute Divorce and now she treating to take down for child support and maybe full custody. We have a ordered of joint legal custody now and the original question with other orders in affect. I just want to know if she can file to change anything 2yrs... View More
answered on Jul 6, 2020
The visitation schedule, child support, and legal custody can all be modified at any time upon one party filing a motion and supporting the change with evidence of a material change in circumstances from when the last court order was entered. If there was never a determination of the amount of... View More
We both have custody rite now we have equal time with them every week
answered on Jun 24, 2020
Yes. Until there is an agreement or order issued, there is no legal restriction on either parent taking the children out of state for a vacation, trip or other temporary visit. However, if there is an active case pending, you cannot relocate the children's residence and then try to switch... View More
answered on Jun 20, 2020
Maryland follows the “best interests of the child” standard in deciding whether to award one parent primary legal or residential custody, or shared legal, or shared residential, and the extent of each. You file a complaint for custody, serve it on the other parent, and follow the court... View More
We supposed to have every other weekend every other holiday 8wks out of the summer and communication 7pm daily we have not seen the child since February and no communication since april a well check was done and the officers was told the child was not there but in north Carolina
answered on Jun 15, 2020
You must file against the other person for contempt. The court has the power to enforce the current order against the other parent. If the child is out of state, t he other parent can be required to return the child to the state.
My Husband and I recently separated, in which i took both my sons ages 3 and 7 with me. We have a child support agreement of which he pays to me. He recently took my sons for visitation and will not return my 3 year old to me. I have contacted a police officer but he stated there was no custody... View More
answered on Jun 15, 2020
Yes, you will have to obtain a custody order. I recommend you file a complaint for custody immediately to avoid him establishing a routine with your son.
My ex moved from is mom's house in Nov 2019, during is weekend with our 6 yr old daughter. Mom's address is on record in the court order. I found out he moved for my daughter (I had to buy her a phone because he was never home when I called to speak to her). I asked him about it and he... View More
answered on Jun 4, 2020
First check the court order. Does it require that parents provide each other their address? If it does, you can file contempt.
Regardless of that step, you can file in court to modify the custody. You can cite as the reason for the change he moved. Then let the court sort it out... View More
My ex-partner and I, we separated about 4 years due to her cheating on me. As a result of this, she got pregnant by the man who she cheated on me. She never told me about this infidelity until later I found some emails on her phone when she used to communicate with guy. The baby was born, and I... View More
answered on May 25, 2020
You should file a complaint for paternity to establish you are not the father and/or respond the the complaint and deny everything under the defense that you are not the father. The court will order a DNA test and that should take care of the support issue. You might be able to ask the court to... View More
Can I get this modifed to get primary custody? He makes Drs appointment's and refuses to tell me. He allows her to sign all dental, medical and school paperwork as the mother. I have never received child support or asked! He calls and texts me Everytime I pick up my children and causes... View More
answered on May 25, 2020
The father's girlfriend should have no authority over your children's legal issues such as medical appointments and other important paperwork. He is seriously depriving you of your parental rights to legal custody over your children. Your children have a right to child support as well.... View More
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