Maryland Family Law Questions & Answers
Q: what can i do if my ex-husband fail to make his alimony payments and i do not have expenses for court cost.
My husband has his own business and own 4 brand new dump truck and is out purchasing new vehicles as well as purchased his mother a new car and making her monthly payments; but is not paying his alimony. What should I do?
Many courts in this state offer a pro-se or "self help" family law clinic. They are usually staffed by volunteer attorneys who take the time to answer questions about family law issues and assist with filing out court forms. While these attorneys do not represent in court, their insight and... Read more »
Q: do i need permission from my ex for my fiancé to adopt if I have sole physical & legal custody?
My ex recently after 5 yrs just starting repaying back support, he has renewed his interest which leads me to believe he would not actively participate and cooperate with my fiancé adopting my daughter. The ex hasn’t seen my child in over 4 years because he has long history of substance abuse.... Read more »
The legal standard for adoption is different than for granting sole custody. A natural parent must be notified of adoption proceedings. Adoption generally requires the natural parent's consent or a court order terminating the natural parent's rights as a parent (in extreme circumstances).... Read more »
Q: What right do a Noncustodial parent have when it’s no Custody/Visitation order in place
Mom and child are maryland residents. Dad lives in Philadelphia. Mom is the only one on the birth certificate but dad did Establish paternity. We have been to court but the case was dismissed without prejudice because dad didn’t show up. So now I’m face with boundaries being cross confuses as... Read more »
Unless there is an order specifying otherwise, both parents have equal rights to have the care of the child and to make decisions about the child.
Q: Can I move out of state with my 6 month old?
My daughter has been under my sole care until she was 4 months old, but due to an abusive situation at my parents, we had to move in with her father( the only other person we know in Maryland.) Me and my child's father were never married but he signed an Affidavit of Paternity after she was born.... Read more »
It’s a complicated question. With no court order in effect, either parent has legal authority to have physical custody and can move out of state. However, because this is the child’s home state of residence, Maryland courts have jurisdiction to hear a custody dispute under the Uniform Child... Read more »
Q: Can my parents take my phone
Can my parents take my phone if I am 15 and I bought the phone under my own name and with my own money. If they take it away is that stolen prop
Whether it is "stolen" or not, I'm guessing there's at least a fair reason the phone was taken from you, even though you seem to disagree with that reason. At 15 years old, you are probably still considered a "minor" which means you are too immature to have certain rights (i.e. vote, consume... Read more »
Q: Can I file charges against the school for not protecting my son?
5 documented cases of events like spitting in my sons lunch, hitting him with a chair, slamming a door in his face and punching him in the face. all documented cases show the same child instigated an unprovoked attack on my son. at no time did my son provoke or even respond.
Bullying should be taken very seriously by schools. It is important to report and document the bullying on the school bullying and reporting forms. The laws vary by states but Federal guidance can be found here... Read more »
Q: What rights do grandparents have?
My grandchildren were removed by CPS and they were placed with my daughters niece . What rights as grandparents do we have since we do not live in the same state. The children are in Oklahoma and we are in Maryland
You should ask this question to an attorney in Oklahoma to determine what, if any, visitation rights grandparents have since that state's laws would control.
Q: Prof. licenses were requested to be suspended before a background check for new job offer completed. Now what?
OCSE requested the MBON suspend my licenses for non-compliance. One of the problems with this is, I was in compliance. This is the second time the OCSE has caused me to lose a job opportunity because of inaccurate information and an unwillingness to resolve the balance of the support order. I... Read more »
You need to file in the child support case and request an audit of your case. this will ensure they correct your record.
Q: Can they garnish me and my husband's bank account in MD for a debt against my husband alone 8 years before we married
This is my account, and I want to add my husband, but do not want his past creditors to garnish the account.
Yes, they may be able to do that if his name is added. If your bank offers the ability to title the account as “tenants by the entireties” then that would prevent attachment. In Maryland ordinarily only titles to real property are held that way, unlike DC where all property jointly held by... Read more »
Q: we have joint custody but the mother has physical custody. Can you move out of state with our 8 year old?
It depends upon what your court order states regarding custody/access and moving. If you have custody/access and her move disrupts/hinders it, then you can file contempt because your access/custody rights have been violated. Carefully read your court order. If you don't have a court order, I... Read more »
Q: can childsupport be increased if child no longer lives with father, who had joint custody. (kicked child out his house)
child is now 15, was living between two households weekly due to joint custody agreement. Father was paying reduced child support due to joint custody. Father kicked child out his house and child has been living fulltime only (with mom) for over 6 months. Can child-support be re-evaluated and... Read more »
Yes. You can file a motion to modify child support but be prepared to prove with evidence that the child is no longer staying the requisite overnights. As a cautionary measure, I would also file a motion to modify custody. The courts may very well not modify child support until the custody is... Read more »
Q: My ex- husband has sole and physical custody of my kid in MD. who is responsible for the child medical expenses ?
My ex- husband has sole and physical custody of my kid in MD. who is responsible for the child medical expenses ?
Sole legal and physical custody/ The custodial and non-custodial parent : Who is responsible for medical expenses ?My son is hospitalized and the insurance requires a co-pay, my... Read more »
If a Judge didn't sign an Order, then you don't have an Order at all. If you signed an agreement with your ex, then whatever the agreement states, is what you need to abide by unless you file to strike the agreement. If you don't abide by it or even if he doesn't abide it, one or both of you can... Read more »
Q: In court last week there was a new court order made but has not been signed yet. Is the previous court order in place?
If the Judge ruled on the record then that ruling is an Order. However, your question is very vague. The ruling could've been only a ruling on a certain issue which means that all other orders are still valid regarding other issues. Your question is lacking too much information to truly tell what... Read more »
Q: Can I get my son’s bio fathers right revoked so my fiancé can adopt him?
I’ve had full legal and physical custody of my son always. His bio father never met him, never contributed anything. He was a drug user and a criminal and he scammed me. It’s been almost 5 years with no contact. My fiancé is the only dad my son has ever known. My ex is vindictive and violent... Read more »
No, he will have to be served. He has a right to a hearing on terminating his parental rights, which must be done prior to a hearing on adoption.
Q: Default hearing for custody
Were scheduled for a default hearing for custody, visitation and support for my child. We had a private processing server serve him but he didn’t respond in the time frame (30 days). An order of default was granted and a default hearing is scheduled, what should I expect at this hearing.What... Read more »
Typically, an Order of Default is granted in these types of scenarios but also the other parent may show up for the hearing, even though the other parent didn't file an Answer. Regardless, testimony will be taken a the hearing and the Judge will make a ruling based on the testimony and evidence.
Q: I’m separating from my husband &want to move out of Maryland to another state and there’s no custody arrangement
Our relationship isn’t healthy and my daughter isn’t close with him. I have proof of him leaving her in the dark for 30 minutes when I went to work. He cheats on me and for the first 4 months of when our youngest was born, he wasn’t there at all. CPS came and did an investigation and told me... Read more »
It's probably prudent to file for custody prior to moving. However, without a custody agreement, you are free to move anywhere. The risk that you run if you move with your daughter is your husband filing for custody and then you'll have to return to MD to defend the suit. You said that you are... Read more »
Q: If a Principal is violating Court Orders, can her POA violate them too on her behalf?
1. The Principal signed a Marital Separation Agreement incorporated into a Judgment for Absolute Divorce signed by the Principal, Magistrate, and Judge.
2. The Principal failed to cooperate in the execution of these Court Orders against the advice of her former attorney so a Contempt of... Read more »
The contempt is against the principal, not the agent, unless the principal is mentally incompetent.
Q: can I serve a show cause order via Facebook if I’m having problems serving the person in person and mail and the sherif
I have made several attempts too have the defendant served with a show cause order I have mailed certified 7 times went too her job contacted friends and family and been too her home in which she was home looking out the window while my friend was knocking on the door. She refused too answer.
No. Pay $50-75 to have a private professional process server make service, and if the defendant continues to evade service, the process server will prepare an affidavit of the attempts to serve and reasons why they believe the defendant is deliberately avoiding service. Based on that affidavit, you... Read more »
Q: My father, no will & my grandmother went before him, no will. There r only 3 blood relative my Aunt Amy brother and me
I am sorry to hear about the passing of your father and grandmother. You have presented some bare facts but not really a question. If your grandmother and father had valid Wills, their estates would be distributed according to the provisions of their Wills. If neither had a Will, just based on... Read more »
Q: I have a bankruptcy chapter 13 question please?
I have a chapter 13 that I finished paying in April 2018 and one of the creditors has been unreachable and they cannot send the payment to them so the Trustee will not close the case or discharge it until this happens, but in the meantime I am in need of buying a new car and nobody will give me... Read more »
The Chapter 13 Trustee could escrow the funds with the Court, and allow your Discharge. I would look into that option
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.
