Lawyers, Answer Questions  & Get Points Log In
Maryland Family Law Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: Can my dad win my custody of me even tho he owes some child support money from previous years?

He has a debt because he had an injury and stop working, that formed into a debt. My mom is trying everything she can to not let me see him and now has an arrest warrant towards him. Since we live in different states if he were to travel to see me he will get arrested. I don’t want to live with... Read more »

Mark Oakley
Mark Oakley
answered on Jan 27, 2023

If you are a minor child, so you are limited in what you can do. Your father's child support arrearage is not a bar to his having primary residential custody. Judges will start to take into consideration the wishes of the minor child at around age 12, and by 15 or 16, the child's... Read more »

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: My ex has over 24k I. Arrears( childsupport). How to go about getting a judgement. We both reside in maryland .

Also, how to report child support application fraud?

Mark Oakley
Mark Oakley
answered on Jan 26, 2023

(1) Take your court order for child support to the Office of Child Support Enforcement (OCSE) in the county in Maryland or City of Baltimore where the order was entered, and have them open a case. If the child support order was entered in another state (you list Washngton DC in your question but... Read more »

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: Can videos taken by the security camera at the marital house be used legally as evidence in court?

I and my spouse separated. I moved out and my spouse stayed with the marital house. One day when picking up my child from that house for a doctor appointment I noticed that someone else was in that house.

Then I realized that I still had access to the front door security camera. By checking... Read more »

Mark Oakley
Mark Oakley
answered on Jan 19, 2023

Possibly, since your spouse presumably knew when the videos were created that the video surveillance system was in place and operational, so that she cannot claim she was videotaped without her knowledge or consent, even if she forgot she was being recorded. But further legal research should be... Read more »

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: My ex is in arrears for alimony in Maryland, he pays something each month but not the full amount
Mark Oakley
Mark Oakley
answered on Jan 17, 2023

You can file a motion to (1) hold your ex in conempt of the court order to pay the full child support amount, and (2) enforce the child support order. You will need to list the total amounts over the time period he should have paid, and th amounts he actually paid, to support your motion. If you... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: what does "Maryland annotated code, courts and judicial proceedings 6-202..." mean in a custody case?
Mark Oakley
Mark Oakley
answered on Jan 16, 2023

That section simply sets forth the appropriate court venue (the county or City of Baltimore) where a suit may be filed for various types of actions. In the case of a custody matter, that Section states, "[T]the following actions may be brought in the indicated county: ... (5) Action relating... Read more »

2 Answers | Asked in Family Law for Maryland on
Q: Can a man take me to court to establish paternity on a new born that passed away at the hospital ?

How can genetic testing be done on a baby that doesn’t exist ?

Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Jan 5, 2023

It is generally possible for a man to seek to establish paternity of a child, even if the child is no longer alive. Paternity can be established through a legal process, either voluntarily or through a court order. In some cases, paternity may be established through genetic testing.

If a...
Read more »

View More Answers

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: Thank you for your time and response. It’s greatly appreciated. I’ve always wanted to be in my sons life, but

Money is an issue and has been from the time he was born, as to why I never had the funds to obtain an attorney to get visitation rights. So, basically it seems as if I’m stuck paying support for a child I can’t even interact with?

Mark Oakley
Mark Oakley
answered on Dec 29, 2022

The Circuit Court in the jurisdiction in Maryland where your child resides may have a self-help programs for self-represented litigants in domestic/family law cases. Most common legal motions, comlaints and petitions are available as fill-in-the-bank forms for family law cases, including... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: Good morning,

I have an 8 year old son that resides in the state of Maryland. Me and the mother were never together as a couple, but with a few dealings she became pregnant. I've seen my son twice within the eight year span, and that was when he was just a year old. The mother had been unhappy because I... Read more »

Mark Oakley
Mark Oakley
answered on Dec 28, 2022

No, you cannot do it unilaterally. If the "father figure" and your ex get serious, and get married, and if the father figure decides he would like to adopt your son as his own child, then with your voluntary consent you could allow the adoption and give up your parental rights in that... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: What does my dismissed peace order mean

I have a dismissed peace order filed against me in 2021. I was never served because I was only in MD on Military leave and was back across the country when they showed up to my parents house. It was dismissed after a month and the filer went to court once a week for that month. On the MD courts... Read more »

Mark Oakley
Mark Oakley
answered on Dec 18, 2022

It is not a criminal charge, so guilt or innocence is not the right way to characterize this type of case. This is a civil peace order petition. Anyone can file a petition seeking a peace order against another person, and the burden of proof is a "preponderance of the evidence" which... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: If my sister gifts me a house, will it be considered marital property?

I live in Maryland. My sister bought a house. I live in it with my husband and kids and I pay rent to my sister. She has said that she will gift me the house when it’s paid off. In this case, will the house be considered the marital property of me and my husband, or just mine?

Mark Oakley
Mark Oakley
answered on Dec 10, 2022

A gift is not marital property. Payment of rent that is actually payment made as part of an agreement to purchase the house would be deemed payment toward marital property. A mere promise to gift you a property in the future is not an enforceable agreement or contract, meaning your sister does... Read more »

1 Answer | Asked in Family Law and Real Estate Law for Maryland on
Q: My father recently passed but he has a house in his name with someone as well that was falsely added

He purchased the property in 2003 but years later a women was added what should I do

Mark Oakley
Mark Oakley
answered on Dec 2, 2022

Hire a lawyer to look into the title records, and provide a whole lot more details about who this woman was, her relationship to your father, whether she ever was romantically involved with him, or resided in the house, etc. If your father had a will, that should be reviewed. If there was an... Read more »

1 Answer | Asked in Child Support and Family Law for Maryland on
Q: Is my son’s father is still suppose to be paying child support or not? Im confused by the court order.

Me and my son’ father had in our court order that child support was to be paid until he turns 18. In May, he filed for a modification. Why? I don’t know. My son graduated in June and that was the last payment I received. There was a court date in Sept, which we both missed, and the judge... Read more »

Mark Oakley
Mark Oakley
answered on Dec 2, 2022

By law, in the absence of an agreement by the parents to the contrary, child support ceases once the child turns 18, or if the child is still enrolled in high school and not yet reached graduation, then through completion of high school --whichever is later (but not past the child's 19th... Read more »

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: How do you divorce someone if you do not know where there are for years and they do not want to be found?

I am dating someone who is questionably married to someone else. He physically left the relationship due to abuse and fraud over 12 years ago and the 'wife' is nowhere to be found and has evaded divorce just after their separation by refusing to send a current address. She has since been... Read more »

Mark Oakley
Mark Oakley
answered on Oct 13, 2022

Is there a question as to whether your boyfriend is actually married? Wouldn't he know? Than can easily be verified by checking th marriage license records in the state where he had the marriage ceremony performed. He should hire a private investigator to peform a search and skip trace, and... Read more »

1 Answer | Asked in Family Law and Elder Law for Maryland on
Q: What if a General Power of Attorney document was notarized but later found there were not two witnesses on the document?

My mother, now 98 years of age, submitted a General Power of Attorney form in 2013 and the bank officer notarized it. Now it is not accepted as Verification of Receipt of Benefits because it "does not explicitly authorize the attorney in fact to handle retirement transactions and additionally... Read more »

Mark Oakley
Mark Oakley
answered on Oct 10, 2022

Maryland law requires that any POA executed on or after October 1, 2010, be notarized and witnessed by two persons in the presence of each other and the principal of the POA. However, a Notary Public can act as one of the two witnesses, so you might argue that one witness plus the Notary is... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: For family law penal code 12-104.1 the parent only needs to be sentenced to an 18 month sentence or more, correct?

If I'm given a 2 year sentence and I serve 14 months on that sentence am I still eligible for penal code 12-104.1

Mark Oakley
Mark Oakley
answered on Sep 24, 2022

Yes, arrearages do not accrue during the period of incarceration and for 60 days after your release. The threshold for suspension of the obligation is a sentence of incarceration of 180 days or more.

1 Answer | Asked in Family Law for Maryland on
Q: Is there a Rule on a default expiration for Court Orders in family law, when a child is 18, sans a motion by the parties

There is Court Order of Consent between the parties prior to the kids reaching the age of 18. I was order to pay child support. To stop paying child support, I motioned to the Court that the child was 18 and no longer needed financial support. It was granted. However, there are other clauses in the... Read more »

Mark Oakley
Mark Oakley
answered on Sep 19, 2022

If your daughter is over 18 now, in the absence of any agreed terms that specifically continue past the age of 18 (such as an agreement to share health insurance costs to a certain age, college tuition, etc.), then the obligations end at 18 insofar as your child goes. A lawyer would have to review... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Maryland on
Q: How can I petition terminating guardianship of a minor who was previously a foster child with DSS?

The child was a former foster child and we were granted guardianship of the child. However the child has become extremely unsafe, has several mental health challenges and it's become way more than what we can offer to support them. Where would we go to petition the court, the juvenile court... Read more »

Mark Oakley
Mark Oakley
answered on Sep 17, 2022

You file in the Circuit Court for the county (or City of Baltimore) where you and the child currently resides. However, if the child is no longer under the jurisdiction of the Juvenile Court because he has reached the age of majority (18-21 years old) and has not otherwise been declared mentally... Read more »

1 Answer | Asked in Family Law, Child Custody, Criminal Law and Employment Law for Maryland on
Q: If person charged is an educator will this be on criminal record to impact employment or custody if no previous charges?
Scott Scherr
Scott Scherr
answered on Aug 20, 2022

Any criminal charges will show up on a background check and Maryland Judiciary Case Search. It certainly could affect your employment if you are convicted depending on the charge. You should speak with a lawyer.

1 Answer | Asked in Child Support and Family Law for Maryland on
Q: My ex has sole custody of our daughter. I am on SSDI. The child support administration ordered me to pay 120.00 a month

Adding in 30.00 extra dollars for arrears. They also ordered me to contact Social Security to add her for auxiliary benefits. Between the 150 a month and half of my benefits comes to a total of 700.00 a month. At the hearing for child support, no financial statements were asked from either of us.... Read more »

Mark Oakley
Mark Oakley
answered on Aug 18, 2022

You need a lawyer to review the situation. It is not possible to answer your question with a better picture of the financials. If you cannot afford a lawyer, contact Maryland Legal Aid, website here:

https://www.mdlab.org/contact-us/

They have an office serving the lower Eastern...
Read more »

1 Answer | Asked in Criminal Law and Family Law for Maryland on
Q: Do anyone have a Maryland Subpoena Form?
Mark Oakley
Mark Oakley
answered on Jul 20, 2022

Self-represented litigants must obtain the paper form of the subpoena from the clerk’s office of the court where the case is pending.

https://www.courts.state.md.us/courtforms/uniformsubpoena

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.