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Maryland Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: My child's father refuses to work,his girlfriend pays for all living expenses for my kid's but we have joint custody

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

Diana Valle
Diana Valle
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

1 Answer | Asked in Child Custody and Child Support for Maryland on
Q: Am I required to provide clothing for non custodial parent?

I am the custodial parent and receive child support from their father. He feels that because he pays support that I should buy clothes for the kids to keep at his house. I don't think I should be required to provide their basic necessities for his house. Am I required to provide all clothing... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on May 18, 2020

To keep at his house, no. You should back a bag for the kids and that bag with all its contents should come back from each visit. If he wants clothes kept at his home, he should provide them. Child support is not enough to cover two sets of clothing for the kids plus provide for their other... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: Can I get legally emancipated if both my parents are dead?

If both my parents die, I’d like to remain independent as I only have two years left till I leave for college. All the potential guardians my parents want are out of country and I don’t want that. Is there a way I could be responsible for myself and remain in the states via emancipation?

Mark Oakley
Mark Oakley
answered on May 9, 2020

In theory, at age 15, a child who can prove that they can financially support themselves and manage on their own, can become emancipated. This is most common when there is substantial evidence of abuse or neglect at home, but appointment of a new guardian is the preference. However, an adult... View More

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: I have 100% physical and legal, my ex has a day visit every other weekend, what happens if my ex won't return child?

I have 100% Physical and Legal custody, for safety reasons (alcohol abuse and mental instability), my child goes for a visit every other weekend for a day visit that has to be supervised by the ex's parents. So far during Covid-19 things have gone smooth, outside of angry texts, drop off and... View More

Mark Oakley
Mark Oakley
answered on Apr 24, 2020

The courts are still hearing and processing emergency matters, so an emergency motion could be filed -- although in the case of your scenario, you may not want to wait the day or so it could take to get in front of a judge if this happens on a Sunday or Saturday when no judges are sitting. Most... View More

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: In the state of Maryland Do grandparents have any rights to grandchildren if they have been the primary care giver?

In the state of Maryland, My wife and I have separated. My 2 children have lived with my parents since birth and they have provided and cared for them. My wife always wanted it that way because she would get overwhelmed and said that she couldn’t take care of them and needed help with them. So... View More

Mark Oakley
Mark Oakley
answered on Apr 15, 2020

You alone cannot grant them legal custody, nor limit or restrict the mother's rights. You and the birth mother together can grant custody to the grandparents by consent. In the absence of consent, however, and because your parents have been the "de facto" parents of the children... View More

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: My son has a child out of wedlock and the child has been living with him for three years does he have custody

The mother lived with me and my husband for a 1 1/2 years with my son and the baby and then they all moved out for a year and then my son came back with my grandson and been living with us for 3 yrs now. Does he have custody or can she just take him because she want her daughter to be raise with my... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on Apr 14, 2020

Without a court order, both parents have equal custody. The mother could take the child to live with her. The best solution when the parents are no longer living together is to either reach a written agreement regarding custody that is then entered as a court order or file for custody with the... View More

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: I have custody grandson Visits have be agreed on with parents Bc of Covid19 do I have to allow visits during this time?

Grandson is 3, I have Sole/physical custody. Mom has stayed away to prevent any spread germs but his dad still wants a weekly visit

Elizabeth Pugliese
Elizabeth Pugliese
answered on Apr 1, 2020

The Maryland Stay At Home Order specifically states that travel is permitted pursuant to any court order. If the access is court ordered, it must be allowed to go forward.

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: When do you produce reference letters? At the hearing or with the initial filing?

Custody case

Elizabeth Pugliese
Elizabeth Pugliese
answered on Mar 25, 2020

"Reference letters" presumably letters from friends and neighbors about the issues are not admissible in court. They are considered hearsay. There must be live testimony.

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: I filed for sole legal and physical custody in MD, how do I know when the defendant has been served?

Does the circuit court handle serving the defendant for you or is that something you have to do yourself?

Elizabeth Pugliese
Elizabeth Pugliese
answered on Jan 18, 2020

You must make arrangements to have the Defendant serve. You cannot serve the Defendant yourself, as in hand the person the papers, or mail them yourself. The sheriff will do it for $40. A private process server is slightly more.

1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: Filed for child support in md, father moved to PA to get out of paying. Signed agreement between both of usWhat can I do

Md will only send him papers in the mail (he keeps returning them) because of ‘jurisdiction’. We have an agreement (signed) to which he hasn’t stuck to at all regarding payments and weekends for him. What can I do to get this enforced and resolved?

Elizabeth Pugliese
Elizabeth Pugliese
answered on Jan 7, 2020

You can file with the court to enforce the agreement yourself. You do not need child support enforcement to do it. Have him personally served. Then proceed with the court matter.

You should consult with an attorney about all of your options.

1 Answer | Asked in Child Custody for Maryland on
Q: I moved out of state w/ my child Nov ‘18 without notifying the court. 14 months later the father has reopened the case.

There are reasons I left. Mainly because my son, 13 then, refused to see his father Bc of abuse accusations and threats of his father to kill me in front of my son. The father then cut off all contact, including blocking my number. Financially we were on the verge of homelessness so we moved to NC... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on Jan 7, 2020

Regardless of the reasons, you still needed to follow the correct process by going through the court. Will you lose custody? Probably not. However, the court will not be happy with you which will make it much harder to present your case.

Online mediation does not change a court...
View More

1 Answer | Asked in Child Custody, Family Law, Civil Rights and Constitutional Law for Maryland on
Q: Once I am deemed the "legal father" by the affidavit of parentage (Maryland), am I protected by the 14th amendment?

Once being deemed the legal father by Maryland's Affidavit of parentage, does this give me full legal rights to have a relationship with my child, and be an active father? Even if the mother has since moved to another state? Do my rights disappear because she, and the children crossed over an... View More

J. D. A.
J. D. A.
answered on Dec 19, 2019

You should consult with a family law attorney- they will be able to tell you whether you would need to file something in Maryland or the other state to challenge the ruling/judgment (most likely the other state). It is unclear what the due process/14th Amendment violation would be if you had... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Maryland on
Q: Soon to be ex-husband threatening to create problems for me if I don't get an abortion

I have been in a very bad marriage from 5 years, it is not necessarily physically violent but it does get very violent and I have many times decided to quit but he always stops me. I am at last pregnant now and I do want to have the baby because I have a good job and supportive family however I no... View More

Mark Oakley
Mark Oakley
answered on Sep 24, 2019

Leave this abusive relationship and go have your baby. File for custody and request child support. Call House of Ruth for advice and possibly representation or referral to pro bono or reduced fee legal representation.

1 Answer | Asked in Child Custody for Maryland on
Q: what is it called when a parent makes a child fundle with his private parts

grabbing their hands and making them play with his penus

Mark Oakley
Mark Oakley
answered on Aug 23, 2019

It’s called child abuse. Call the police and report the abuse. Be prepared for Child Protective Services to get involved and the person potentially being arrested and prosecuted. If the perpetrator is living in the household of the child, that person or the child will be removed from the... View More

1 Answer | Asked in Child Custody for Maryland on
Q: Divorced parents have shared custody 50/50-but mother takes teen less than 50%- can father get full phys. custody?

14 yo teen wants to live with father due to poor relationship w/ his mother. It's a battle each time he is scheduled to go there - and has at times, refused to get in her car. She continues to collect child support but rarely takes her son except for 1 or 2 nights on weekend. Son is registered... View More

Mark Oakley
Mark Oakley
answered on Aug 14, 2019

Yes. Hire a lawyer to file for modification of custody and support.

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: What legal actions can I take for sole custody of my child or joint ?

My childs father will not stick to the agreements we have and it is very difficult at times. I would like either full custody or a court ordered joint visitation. Not to mention he only wants to do “every other weekend”. His family does most of the work for him as far as picking my child up and... View More

Bennett James Wills
Bennett James Wills
answered on Jul 31, 2019

Need more information. If you do not have a court order regarding custody and visitation than you should contact a local attorney to best determine your options. Court orders can be enforced better than informal agreements.

1 Answer | Asked in Child Custody for Maryland on
Q: My brother is going through an issue w/ custody of his daughter and his ex wife is trying to take full custody

He told me that she can get full custody since they both don’t currently live in my nieces school district and she filed first so he has no rights. I don’t live in Maryland and I was wondering if this is true and or if there is anything that can be done or if he is leaving important information out

Bennett James Wills
Bennett James Wills
answered on Jul 31, 2019

The best thing he can do it get an attorney asap. He has rights as a father. School district is one of many factors that may be considered when determining factors that would be in the best interest of the child.

2 Answers | Asked in Family Law and Child Custody for Maryland on
Q: Pregnant stay at home mom.

My sister is a pregnant (7 months) stay at home mom of 3 girls (babygirl due in October). Her husband was caught cheating on the same day my sister told him she was pregnant. She’s had a part time job for the last year in efforts to transition back into the work force. Now she has a high risk... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on Jul 30, 2019

The parent with more money is not a consideration. It is who actually cares for the children and is willing to care to for them. If he suddenly wants the kids when he only sees them when he asks while not providing any financial support, the court will likely realize this is about not paying... View More

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1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: What can I do to see my kids even when the mother says no

She doesn't have a stable home she does not work

Dawn Renee Gould
Dawn Renee Gould
answered on Jul 29, 2019

Your question is very vague. Is there already a court order in place? Is there is a contractual agreement between you two? If there is not a court order, you need to file a complaint for access/visitation/custody. If there is a court order and she is violating it, you need to file contempt and... View More

2 Answers | Asked in Family Law and Child Custody for Maryland on
Q: What's a formal format letter for custody to be notarized vs going thru legal court system

What's the legal binding of this type of agreement

Mark Oakley
Mark Oakley
answered on Jul 10, 2019

Lawyers draft separation, property settlement, custody and support agreements all the time, sometimes just addressing one or two of those issues. This forum is not designed to provide legal forms for do-it-yourself drafting. Custody, visitation and support agreements or consent orders (as well as... View More

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