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Maryland Family Law Questions & Answers
2 Answers | Asked in Family Law and Child Custody for Maryland on
Q: I want to get visitation right to see my nephew the grandmother have temporarily custody and she won't let me see her.

How do I go about getting visitation rights to see him

Mark Oakley
Mark Oakley answered on Mar 30, 2021

This is a bit complicated. Generally speaking, the only persons absolutely entitled to visitation/access are the parents of the child, but if one or both parents are out of the picture (deceased, in jail, mentally incapacitated, or abandoned the child, etc.), then typically grandparents or... Read more »

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1 Answer | Asked in Family Law and Child Support for Maryland on
Q: Please help me calculate how much child support my husband will pay. He makes 125,00 yearly. I have full custody

I don’t work. So child support is based on him along. I love in prince georges county Maryland

Mark Oakley
Mark Oakley answered on Mar 12, 2021

Assuming he has the child for less than 92 overnight visits per year, and assuming you are not imputed income based on an ability to work but a voluntary choice not to pursue a job, and without adding in the cost of healthcare coverage for your child or other extraordinary child-related expenses,... Read more »

3 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Maryland on
Q: If granted sole physical and legal custody, what rights do I have? If the order has Contradictions.

I have a PL order that grants me sole legal and residential custody but the custodial time given to my spouse is very liberal. It also contradicts the fact that I am the one with sole legal custody. The order states that our daughter will participate in extracurricular activities and gives him the... Read more »

Timothy E. Howie
Timothy E. Howie answered on Mar 1, 2021

A pendente lite order is a temporary order that, generally, remains in effect until the actual trial. I suspect that you have an actual trial scheduled for June. If you feel that there is a sufficient reason for the court to reconsider the issue of custody after the pendente lite order but before... Read more »

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1 Answer | Asked in Civil Litigation and Family Law for Maryland on
Q: The groom cancelled wedding 50 days prior, can brides family sue to recover wedding cost due to his cancellation
Mark Oakley
Mark Oakley answered on Feb 17, 2021

Maryland abolished the causes of action known as breach of marriage and alienation of affections, and any similar action, three quarters of a century ago. The engagement ring must be returned if demanded, as that is considered a conditional gift, with the condition being going through with the... Read more »

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: What Maryland visitation laws are in place for custodial parents when non custodial parent moves out of country for mil?

Non custodial parent is active duty and has 3 year orders to Japan.

Timothy E. Howie
Timothy E. Howie answered on Feb 9, 2021

That simple question calls for a very broad answer, because how Maryland family law will apply to your particular situation may depend on whether there is a marital settlement agreement, whether any such MSA has been incorporated into a court order, whether the non-custodial parent intends to take... Read more »

1 Answer | Asked in Family Law and Tax Law for Maryland on
Q: Can I take child tax credit for daughter who lives with me full time 10 months a year in MD? MI judge denied request.

13 year old daughter lives with me in Maryland 10 months a year full time. Michigan denied me taking child tax credit for 3 years because I tool ex's 2019 year for filing. Judge "said" this in court hearing in October 2020 but there's no written order or judge's signature.... Read more »

Mark Oakley
Mark Oakley answered on Feb 8, 2021

You risk being held in contempt of court, fined, paying your ex wife’s attorneys fees, reimbursing her for the credit, incurring your own legal fees and costs traveling back for court, and jail. But if the principle is worth that much to you, feel free to thumb your nose at the judge. I cannot... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: How can I legally get an 18 yr old to take a dna test if his mother has blocked it for 18 years. I need to truth.

I tried to get mom to take the test but she refused because she was in another relationship. The child is 18 now and I want to take a test I’ve already purchased because if he’s my son I want to have a relationship with him. I’ve tried everything no luck. How can I legally get them to take the test?

Mark Oakley
Mark Oakley answered on Feb 1, 2021

You can't. He's an adult. If he chooses to take the test, then he will take the test. You cannot legally force him to take the test. You can ask him, and he can agree or refuse. That's pretty much all you can do.

1 Answer | Asked in Family Law for Maryland on
Q: Hello. I had a few questions about the guardianship of a minor.

I've had a minor in my care since she was two months. I believe her aunt have guardianship over her. Her aunt receive all of the benefits. She never gave us anything, and that was ok, and now she is ready to talk. She is now 14 years old, and her aunt wants to take her. She is very upset and... Read more »

Mark Oakley
Mark Oakley answered on Jan 29, 2021

You can immediately file a petition for custody as the "de facto parents" of the child, since you have exclusively raised her from an infant, and she has become emotionally attached to you as the only true parents in her life. You will need a lawyer for this, in family law, who is... Read more »

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... Read 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.

2 Answers | Asked in Divorce, Family Law and Health Care Law for Maryland on
Q: I am disabled, going through a divorce. Is it possible to stay on my wife's health insurance after divorce?

I am currently separated and am looking for legal advice concerning my divorce. I am disabled, so my main concern is healthcare insurance. I am qualified for Medicare, but because I am only 52 the premiums for supplemental are extremely high. Because of my illness (Multiple Sclerosis) I see my... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Jan 15, 2021

Unfortunately, you will not be able to stay on your spouse's insurance after an absolute divorce. However, you would be able to retain your insurance under a limited divorce. Hope that helps. Good luck!!

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2 Answers | Asked in Tax Law, Family Law, Real Estate Law and Child Support for Maryland on
Q: If a house is sold in a tax auction in Maryland, what happens to the liens on the house?

House was legally auctioned off at tax sale and the plaintiff is in the process of foreclosing the right to redemption. Current owner (defendant) of the house has no mortgage; the deed is in their name alone. This house/owner has a child support lien on it by the State of Maryland for over $30,000... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jan 5, 2021

Property tax liens tend to have super priority, meaning they stand first in line before most other kinds of liens. This means that in most cases, if proper notice is given, a tax sale foreclosure case wipes out the other liens and transfers the property free and clear of lesser liens.... Read more »

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2 Answers | Asked in Child Support and Family Law for Maryland on
Q: I have been recently contacted by my possible son who is now 20 years old. Can his mother seek child support?

At one point his mother told me he died at birth and several years later she came around and stated he never passed and wanted to know me. I requested for a DNA and she disappeared this occurred on multiple occasions. Now he has reached out at 20 years old and I want to know can his mother seek... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Dec 31, 2020

No. After the child has emancipated paternity can be established, but the custodial parent cannot seek child support. Good luck.

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1 Answer | Asked in Family Law for Maryland on
Q: my daughters mother filled false protective order on me. court in 3 days not enough time to get attorney.

she has been found guilty in past several times for forgery,fictitious name to officer to avoid prosecution,fraudulent priv.documents. does this effect her credibility enough to have case dismissed? she has no evidence no police reports., she is seeking emergency family maintanence how much could... Read more »

Mark Oakley
Mark Oakley answered on Dec 21, 2020

No lawyer can possibly answer your question with any accuracy on these facts. You will need to contest the allegations, and ideally, get representation. This may only be the interim or temporary hearing, at which you can appear but are not allowed to present evidence--the judge only hears the... Read 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... Read 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... Read more »

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: Can my child's father send me money (memo:"child support") through Zelle, when we don't have an agreement yet?

My husband left in August. Since, he left he sends the same amount of money he used to for the mortgage of our house. Therefore, he hasn't really send money for child support. I have realized that when he sends money through Zelle (direct deposit to my account through the phone), it comes with... Read more »

Mark Oakley
Mark Oakley answered on Dec 3, 2020

What your husband calls his payment is not determinative. Your husband may be ordered by a divorce court to pay other forms of support in addition to child support, such as alimony, health insurance, and household maintenance and support. You should not be limiting your court action to a request... Read 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... Read 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... Read 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... Read 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
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.

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