There was nothing included in the divorce decree about life insurance or pension benefits. There are two adult children.
Upon divorce, your rights under any existing will would have terminated. While Maryland does not have a law in place that automatically terminates an ex-spouse's designation as a beneficiary under a life insurance policy, some states have such laws (New York, e.g.), so if your divorce was... Read more »
I have 50/50 joint custody and my ex is anti-vax and anti covid-19 testing. I want to take my kids to a convention this weekend that requires testing and so I ran it by the kids first, with the intent to ask her after I talked to them. One of the kids told her before I had a chance and now... Read more »
Is there a court order or judgment in place awarding one of you sole residential custody, or sole or final say in major medical decisions, or do you have shared custody or to you share those decisions equally? Is there a custody agreement in place that addresses the issue? You need to review your... Read more »
My ex had 3 kids with diseased wife, then 3 more with 2 other Woman. All carry his last name. His trust says:
any reference
to Grantor's "child" or "children" shall refer only to these
named persons. ** (Names 1st 3 kids)**
Any reference... Read more »
The first question I’d want answered is, what is in the name of the trust? If he owned anything in his personal name, then those assets do not pass in accordance with his trust, but by intestate succession, so that would mean divide six ways. Only those assets titled in the name of the trust are... Read more »
I have dating with my girlfriend around 6 years, but one moment to another they don't permit me to see her.
If there is a court ordered guardianship over her person, then you cannot do anything without her guardian's permission, unless the court order establishing the guardianship limits the guardian's authority in some way.
I responded to to a complaint against me.
By filing the answer, the case is deemed a contested matter and will be treated as such (a trial on the merits will be scheduled) and --if this is in circut court-- a pretrial scheduling order setting forth various datesand deadlines in the case will be issued.
There are attorneys who practice "education law" as well as focus on disability law and similar specialties. You should search for such a lawyer if you need to address or understand legal issues that arise (which you do not specify). Generally, childen with a disability (autism... Read more »
He didn’t receive a green card because he couldn’t prove the marriage was valid. I do not know his whereabouts but I would like an annulment is that possible
Annulment is unlikely in this scenario. Divorce is available. Consult a lawyer to go over more details and what options you have.
Does my POA cover for both or will I have to figure out how to get one for her significant?
No. The POA naming you as attorney-in-fact for your mom does not authorize you to act in her place as the attorney-in-fact under another person's POA. In the absence of the significant other's ability to designate another agent to act, it will be necessary to petition the court and be... Read more »
Yet we are separated do anything legally to prevent the child with going with the other man. We are in md
A child born to a married woman in Maryland is presumed to be the child of the husband. The actual biological father would have to petition to establish paternity through a blood test. Custody and visitation is a separate matter decided upon by the court. Once paternity is established, the... Read more »
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 »
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 »
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 »
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 »
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.
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.
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 »
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 »
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
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 »
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 »
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?
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 »
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?
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 »
How do I go about getting visitation rights to see him
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 »
I don’t work. So child support is based on him along. I love in prince georges county Maryland
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 »
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.
