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Maryland Family Law Questions & Answers
1 Answer | Asked in Family Law for Maryland on
Q: Should I start the process of emancipation?

The reason why I ask this is that;

~ They have emotionally and mentally abused me

~ Refuse to help me when it comes to the subject of mental health

~ Have neglected me on multiple things, not just the basics

~ Are preventing me from working even though they have told... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Jul 5, 2021

Emancipation is a very personal thing and should not be taken lightly. There are certain barriers to emancipation such as the need to have a prior child custody case. If you are being abused and/or neglected and you are a minor, it is a good idea to reach out to your local Department of Social... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: When a former law partner of the judge tries a case in front of them, isn't this fraudulent?
Mark Oakley
Mark Oakley answered on Jun 26, 2021

The question is not one of fraud, but of ethics and bias, or the appearance of bias, which would require the judge to recuse themselves. Such decisions are left to the judge, but a party may raise the issue by motion, asking the judge to recuse themselves. The party doing so has to weigh the risk... Read more »

2 Answers | Asked in Family Law and Child Support for Maryland on
Q: Looking at going to a Tech school to get certified so I can get a better job, what happens with my child support?
Mark Oakley
Mark Oakley answered on Jun 26, 2021

If there's a court order directing payment of child support, it remains in place until one of the parents files a motion to modify it, based on a change of circumstances. So, unless that happens, and the court makes a modification based on the motion, then nothing changes. If the other... Read more »

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2 Answers | Asked in Family Law for Maryland on
Q: Can I use audio recordings in a case against someone?

I want to be able to use audio recordings as evidence in my case against my family whenever I get the chance to get them to court. I'm not sure if what I collected is illegal due to the fact that the people in the recordings did not know that I was going to record it.

Scott Scherr
Scott Scherr answered on Jun 16, 2021

Maryland is a two party consent state. This means that you need the consent of all parties to record a conversation where there is an expectation of privacy or it is a crime.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: Can my soon to be ex wife claim back child support

We separated 8 years ago we came to the agreement that I can see my daughter every other weekend or as much as I asked and I would give her $500 a month I sometimes gave cash , money orders , and recently online payments to her account she is saying she is going to put me on child support and claim... Read more »

Mark Oakley
Mark Oakley answered on Jun 10, 2021

She can get child support accounting from the date she files a petition for custody and support in court, so at any hearing the judge can award support going back to the date she filed. If there is a written agreement, or she can cobble together enough proof of an agreement, that you were to pay... Read more »

1 Answer | Asked in Child Support and Family Law for Maryland on
Q: Can Maine collect child support when x wife is dead and youngest child is 37 years old

Been paying for over 20 years and she or children have received nothing not only that the children lived with me in Md I have school records. I have been labeled a dead beat dad and driver's license suspended forover25 years

Mark Oakley
Mark Oakley answered on May 31, 2021

The assumption based on the limited facts provided is that there was an order for child support issued in Maine at some point if time, and you did not pay. Eventually arrears accumulated and the amount owed was reduced to a monetary judgment. That judgment has likely been earning interest from... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: In Montgomery County Maryland can 2 children boy and girl live in a 1 bedroom with 1 adult?
Mark Oakley
Mark Oakley answered on May 15, 2021

There's no law against it. In a custody dispute between two parents, such an arrangement (among many other factors) may be considered in deciding which parent can provide the best home environment to their children. Your question has too few facts to place it into any legal context. In poor... Read more »

1 Answer | Asked in Family Law and Elder Law for Maryland on
Q: I have a joint account with my father, he is requiring nursing home stay, can they deplete the account?

I was just informed that the c0-pay for the nursing home will be $170 per day. We have about $8000 in the account. Can they take all the money in the account?

Mark Oakley
Mark Oakley answered on Apr 22, 2021

Depends on the original source of the money, and when your name was put on the account. I assume your father needs to qualify for Medicaid to pay the nursing home care, and to do so Medicaid requires that your father use his own assets until he has paid down to the level necessary to receive... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: 14 year old needs a passport - both parents have to sign. We have no contact with him.

Her father is absent. Has been all her life but is on her birth certificate. Therefore it looks like we need his approval. Is there something I can do legally to obtain my child’s passport without him?

Mark Oakley
Mark Oakley answered on Apr 16, 2021

The following exceptions exist to the two-parent consent requirements, allowing one parent or legal guardian to apply alone with the child:

(1) If one parent cannot appear, the applying parent should bring a signed and notarized Form DS- 3053 “Statement of Consent” of the other parent...
Read more »

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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