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Maryland Family Law Questions & Answers
1 Answer | Asked in Family Law for Maryland on
Q: Do I need to retain a lawyer to obtain /file these documents?
Diana Valle
Diana Valle answered on Apr 5, 2020

What are the documents? Generally speaking, you are able to represent yourself so you are not prohibited from filing anything without a lawyer. If you provide more details I can give you a better answer.

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 for Maryland on
Q: How can I find out if my sister has power of attorney over my 91 year old grandfather&what kind of POA she may have?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Mar 31, 2020

While family may have a natural desire to know what planning documents an elderly relative has in place, those details are private and there is ordinarily no obligation for a grandparent (or other planner) or the person named as attorney-in-fact to reveal the details to any other relative.... Read more »

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: I paid all of child support & child is now in late 20s. How long do I need to keep the records proving I paid?
Mark Oakley
Mark Oakley answered on Mar 29, 2020

While generally the statute of limitations is three years to sue for non-payment of a debt, with child support you are dealing with a court judgment or order, and in theory, the payee parent could attempt to enforce the child support award for up to 12 years (although the 12 year limitations really... Read more »

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 for Maryland on
Q: Im trying to get into college but I’m being asked so many questions I don’t know how to answer.

My mom passed away in 2011, in her will she left me with my uncle, his wife physically abused me for years at 18 I left the house. And I have no contact with my father what so ever. I don’t know what I’m considered... independent or not ?

Mark Oakley
Mark Oakley answered on Mar 25, 2020

You declare yourself independent and file your own tax returns declaring your personal exemption against a income taxes owed. That’s it. If you lived more than six months outside your aunt and uncle’s residence, and can prove it, that should establish it as well.

1 Answer | Asked in Family Law and Probate for Maryland on
Q: Am to get guardianship for my autistic 25 year old son, but am in south Carolina. Can you help
Richard Sternberg
Richard Sternberg answered on Mar 11, 2020

Where is your son? Does he agree that he needs your guardianship? Will he move to you in SC? You should get a lawyer where your son will be living at the time of the petition.

1 Answer | Asked in Family Law for Maryland on
Q: Where can I find the actual text of 11-108 as it pertains to alimony termination?
Mark Oakley
Mark Oakley answered on Jan 29, 2020

MD Code, Family Law, § 11-108. Termination of alimony

Unless the parties agree otherwise, alimony terminates:

(1) on the death of either party;

(2) on the marriage of the recipient; or

(3) if the court finds that termination is necessary to avoid a harsh and...
Read more »

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: Does Maryland have a statute of limitations in judgment of divorce

Ex has not paid me full amount on financial settlement. I have heard there is a 3 year statute of limitations and then I was told it’s a 12 year statute of limitations since it is a judgment of divorce

Mark Oakley
Mark Oakley answered on Jan 25, 2020

If the settlement was incorporated into your judgment of divorce (that is standard) then you have 12 years.

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 Support and Family Law for Maryland on
Q: If the parent paying child support loses their job, are they allowed to just not pay child support?

My ex husband, is a month and a half behind in child support. He just now states to me that he lost his job at the beginning of the previous month and because of that, he does not need to pay me until 6 months later? Nor does he have to pay for those 6 months once he does get a job. Is this correct?

Elizabeth Pugliese
Elizabeth Pugliese answered on Jan 6, 2020

That is not correct. The child support is an order that remains in effect until changed in another order. the full amount of child support remains due. He must pay it. If he does not, he can lose his driver's license, and other things. There is no grace period for losing a job.... Read more »

1 Answer | Asked in Criminal Law and Family Law for Maryland on
Q: Is it against the law for a step brother and step sister to get married?
Mark Oakley
Mark Oakley answered on Dec 24, 2019

So long as they do not have a biological parent in common, and so long as the youngest one is at least 16 and not living in the same household as the older one who has turned 18 already, and the older one is not otherwise in a position of authority over the younger one, then legally the two could... Read 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... Read more »

Joseph D. Allen
Joseph D. Allen 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... Read more »

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: I pay child support in Maryland do I keep paying if he is still in high school? My decree states until age 18?

My decree says nothing about high school, I can’t find that verbiage anywhere it only states until 18 years of age. Thank you

Mark Oakley
Mark Oakley answered on Nov 29, 2019

The law is, child support continues until the later of turning 18 or completion of high school, but not later than age 19. The child must be enrolled in high school for completion of high school to come into play. So, a child turning 18 during 12th grade continues to be subject to payment of child... Read more »

1 Answer | Asked in Family Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Maryland on
Q: Where can I find a lawyer that can assist me with writing a brie? I would like to know If I am able to sue?

Hello My name is Ms. Freeland, At the moment I am writing a letter to show cause of why my case should not be dismissed before 11-15-2019. My main concern is finding Assistant writing a brief by December 2, 2019. I am not looking for representation. My case is base on the CPS Indicated child abuse... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 17, 2019

Your question would best be handled by a family law practitioner in Maryland, but if you need a brief by December 2nd, time is of the essence. If you are seeking a brief writer, you could search online for legal brief writers. This is a very narrow area - there are attorneys who hold themselves out... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: Ex-wife refuses to get a home loan via settlement agreement. Need successful experience in a sale in lieu of partition.

This is what is written in the settlement agreement of April 25, 2018,

Defendant shall have 6 months to have the mortgage transferred out of Plaintiff's

name, and failure to do so shall result in the home being sold and the proceeds going

to the Defendant.

Mark Oakley
Mark Oakley answered on Oct 8, 2019

Hopefully your agreement also provides that the non-breaching party is entitled to an award of their reasonable attorney's fees and costs in the event court action is required to enforce its terms. But the agreement is pretty straight forward. if she does not respond to a lawyer's letter... Read 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... Read 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 Divorce, Family Law and Animal / Dog Law for Maryland on
Q: I recently left my abusive husband and got a protection order in which I get my dog but he won't give him up

I dont know what to do. The order says I get the dog but he wont give him back and when asked in court he said he give my dog away to his cousin to foster and wouldn't say who. I asked around and none of his cousin say they have him and this rest of the family won't tell me. Everyone is acting... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Sep 5, 2019

You file contempt with the court and ask that he be jailed for not turning over the dog. He can get out of jail by giving you the dog. It's a court order. Even if he gave the dog away, he is still required to get the dog back and give it to you.

1 Answer | Asked in Family Law for Maryland on
Q: How do I change baby’s name if I don’t know the fathers adress or phone number or contact information
Mark Oakley
Mark Oakley answered on Aug 8, 2019

You have to show a diligent effort to locate him, and that may require hiring a private detective to conduct at least a basic search of available public databases and skip trace, then provide a written statement listing the efforts, databases and results of the search. Then you attach that report... Read more »

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