Get free answers to your Family Law legal questions from lawyers in your area.
In the state of Maryland, My wife and I have separated. My 2 children have lived with my parents since birth and they have provided and cared for them. My wife always wanted it that way because she would get overwhelmed and said that she couldn’t take care of them and needed help with them. So... View More
answered on Apr 15, 2020
You alone cannot grant them legal custody, nor limit or restrict the mother's rights. You and the birth mother together can grant custody to the grandparents by consent. In the absence of consent, however, and because your parents have been the "de facto" parents of the children... View More
The mother lived with me and my husband for a 1 1/2 years with my son and the baby and then they all moved out for a year and then my son came back with my grandson and been living with us for 3 yrs now. Does he have custody or can she just take him because she want her daughter to be raise with my... View More
answered on Apr 14, 2020
Without a court order, both parents have equal custody. The mother could take the child to live with her. The best solution when the parents are no longer living together is to either reach a written agreement regarding custody that is then entered as a court order or file for custody with the... View More
Small company less than 50
Haven’t completed a year yet
Have worked full time my whole pregnancy
Others were let go, I was given part time due to COVID-19
answered on Apr 14, 2020
Depending on all the facts and circumstances, an argument could possibly be made that the employer is retaliating against you for asking for anticipated foreseeable FMLA/maternity/Maryland leave (even if you might not yet be eligible at the time of the request). However, the pandemic and layoffs... View More
answered on Apr 5, 2020
What are the documents? Generally speaking, you are able to represent yourself so you are not prohibited from filing anything without a lawyer. If you provide more details I can give you a better answer.
Grandson is 3, I have Sole/physical custody. Mom has stayed away to prevent any spread germs but his dad still wants a weekly visit
answered on Apr 1, 2020
The Maryland Stay At Home Order specifically states that travel is permitted pursuant to any court order. If the access is court ordered, it must be allowed to go forward.
answered on Mar 31, 2020
While family may have a natural desire to know what planning documents an elderly relative has in place, those details are private and there is ordinarily no obligation for a grandparent (or other planner) or the person named as attorney-in-fact to reveal the details to any other relative.... View More
answered on Mar 29, 2020
While generally the statute of limitations is three years to sue for non-payment of a debt, with child support you are dealing with a court judgment or order, and in theory, the payee parent could attempt to enforce the child support award for up to 12 years (although the 12 year limitations really... View More
Custody case
answered on Mar 25, 2020
"Reference letters" presumably letters from friends and neighbors about the issues are not admissible in court. They are considered hearsay. There must be live testimony.
My mom passed away in 2011, in her will she left me with my uncle, his wife physically abused me for years at 18 I left the house. And I have no contact with my father what so ever. I don’t know what I’m considered... independent or not ?
answered on Mar 25, 2020
You declare yourself independent and file your own tax returns declaring your personal exemption against a income taxes owed. That’s it. If you lived more than six months outside your aunt and uncle’s residence, and can prove it, that should establish it as well.
answered on Mar 11, 2020
Where is your son? Does he agree that he needs your guardianship? Will he move to you in SC? You should get a lawyer where your son will be living at the time of the petition.
answered on Jan 29, 2020
MD Code, Family Law, § 11-108. Termination of alimony
Unless the parties agree otherwise, alimony terminates:
(1) on the death of either party;
(2) on the marriage of the recipient; or
(3) if the court finds that termination is necessary to avoid a harsh and... View More
Ex has not paid me full amount on financial settlement. I have heard there is a 3 year statute of limitations and then I was told it’s a 12 year statute of limitations since it is a judgment of divorce
answered on Jan 25, 2020
If the settlement was incorporated into your judgment of divorce (that is standard) then you have 12 years.
Does the circuit court handle serving the defendant for you or is that something you have to do yourself?
answered on Jan 18, 2020
You must make arrangements to have the Defendant serve. You cannot serve the Defendant yourself, as in hand the person the papers, or mail them yourself. The sheriff will do it for $40. A private process server is slightly more.
Md will only send him papers in the mail (he keeps returning them) because of ‘jurisdiction’. We have an agreement (signed) to which he hasn’t stuck to at all regarding payments and weekends for him. What can I do to get this enforced and resolved?
answered on Jan 7, 2020
You can file with the court to enforce the agreement yourself. You do not need child support enforcement to do it. Have him personally served. Then proceed with the court matter.
You should consult with an attorney about all of your options.
My ex husband, is a month and a half behind in child support. He just now states to me that he lost his job at the beginning of the previous month and because of that, he does not need to pay me until 6 months later? Nor does he have to pay for those 6 months once he does get a job. Is this correct?
answered on Jan 6, 2020
That is not correct. The child support is an order that remains in effect until changed in another order. the full amount of child support remains due. He must pay it. If he does not, he can lose his driver's license, and other things. There is no grace period for losing a job.... View More
answered on Dec 24, 2019
So long as they do not have a biological parent in common, and so long as the youngest one is at least 16 and not living in the same household as the older one who has turned 18 already, and the older one is not otherwise in a position of authority over the younger one, then legally the two could... View More
Once being deemed the legal father by Maryland's Affidavit of parentage, does this give me full legal rights to have a relationship with my child, and be an active father? Even if the mother has since moved to another state? Do my rights disappear because she, and the children crossed over an... View More
answered on Dec 19, 2019
You should consult with a family law attorney- they will be able to tell you whether you would need to file something in Maryland or the other state to challenge the ruling/judgment (most likely the other state). It is unclear what the due process/14th Amendment violation would be if you had... View More
My decree says nothing about high school, I can’t find that verbiage anywhere it only states until 18 years of age. Thank you
answered on Nov 29, 2019
The law is, child support continues until the later of turning 18 or completion of high school, but not later than age 19. The child must be enrolled in high school for completion of high school to come into play. So, a child turning 18 during 12th grade continues to be subject to payment of child... View More
Hello My name is Ms. Freeland, At the moment I am writing a letter to show cause of why my case should not be dismissed before 11-15-2019. My main concern is finding Assistant writing a brief by December 2, 2019. I am not looking for representation. My case is base on the CPS Indicated child abuse... View More
answered on Nov 17, 2019
Your question would best be handled by a family law practitioner in Maryland, but if you need a brief by December 2nd, time is of the essence. If you are seeking a brief writer, you could search online for legal brief writers. This is a very narrow area - there are attorneys who hold themselves out... View More
This is what is written in the settlement agreement of April 25, 2018,
Defendant shall have 6 months to have the mortgage transferred out of Plaintiff's
name, and failure to do so shall result in the home being sold and the proceeds going
to the Defendant.
answered on Oct 8, 2019
Hopefully your agreement also provides that the non-breaching party is entitled to an award of their reasonable attorney's fees and costs in the event court action is required to enforce its terms. But the agreement is pretty straight forward. if she does not respond to a lawyer's... View More
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