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Maryland Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: Am I expected to not report to work if my work schedule conflicts with my parenting plan visitation schedule?

I recently relocated from FL to MD with my son for my career. My new parenting plan states that my son spend every spring break with his father who still resides in FL. Spring break here starts on Friday and they go back on the following Tuesday so its only a long weekend, not the full week like in... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on Mar 7, 2018

Your son has to be in Florida for Spring Break. How he gets there is between the two of you. If you cannot fly down with him, you need to make other arrangements.

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: I moved to va well over a year and registered my current court order from md here. Can va modify my order?

My child support was transferred to va already as well

Mark Oakley
Mark Oakley
answered on Mar 1, 2018

If you have established residency there long enough to qualify for jurisdiction in VA (typically 6 months), you can modify the child support and custody/visitation order in VA.

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: If I have full custody over minor and the father has right to see her twice a week, can I take her out of the country?

By court's decision, I have full custody over my 18 months old daughter. Her father is no good, but he has the right to see her twice a week for six hours each day. He owes me a lot in childr support, smokes marijuana, drinks, doesnt have a place to live. In the court's decision it only... View More

Mark Oakley
Mark Oakley
answered on Feb 27, 2018

The issue isn’t whether you can take her out of the country without his signature. The issue is how will he have visitation as ordered by the court twice per week if your daughter is out of the country? You would potentially be subject to a motion to hold you in contempt for denying him his court... View More

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: Is there a MD law that states parents have to tell the other when leaving the state with the minors children?
Mark Oakley
Mark Oakley
answered on Feb 27, 2018

No, there is no such law. The parents can sign an agreement to that effect, and in appropriate cases a judge may issue an order that requires it, but there is no statute that exists which imposes this obligation on a parent who otherwise is exercising lawful custody over their children.

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: My Wife's ex-husband has been FTA for child support for over a year. Can we have his parental rights taken from him?.

My Wife filed for CS over a year ago and Ex didn't show and refused to turn himself in. Has an FTA on him. Yet on his facebook page he is carrying on with his life as nothing is wrong. He has tried to contact her on many occasions to get the kids. Can she have his parental rights taken from... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on Feb 26, 2018

Child support and access are two different things. Even if he is not paying child support, he is entitled to see the children. Nor does it meet the definition of neglect to not pay child support.

The better solution is to file for a modification of custody and address the child support...
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1 Answer | Asked in Child Support and Family Law for Maryland on
Q: Can a married women collect child support from bio dad if husband is presumed father in Maryland?

They are still married. He plans on staying with her. She wants to collect child support from the bio dad. Neither father would be on the birth certificate. How can the presumed father be established?

Mark Oakley
Mark Oakley
answered on Feb 22, 2018

First, has the presumed father signed an affidavit of parentage? If not, he can have a paternity test performed to confirm he is not the father, and the mother can petition the court to establish paternity, and compel the alleged biological father to undergo a paternity test if he contests... View More

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: If the father is willing to sign over his rights, can he sign them over to my best friend who is a female?

Can my best friend be the one who takes the right, whom is female and we are not in a romantic relationship of any sort.

Mark Oakley
Mark Oakley
answered on Feb 21, 2018

It is possible, if both parents agree, to grant another adult custody of their child to raise, either temporarily or for an unspecified term. I recommend that the arrangement be in writing, signed by all necessary parties. You have not asked about legal adoption, so I assume that your best friend... View More

1 Answer | Asked in Adoption and Family Law for Maryland on
Q: Is it possible to adopt a friend with 37 years of age
Mark Oakley
Mark Oakley
answered on Feb 17, 2018

There is no age limitation to adoptions.

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: I signed affidavit at birth but baby looks nothing like me and I’m having doubts Can I get a court ordered paternity tes

Q: I signed affidavit at birth but baby looks nothing like me and I’m having doubts? Can I get a paternity test

Mark Oakley
Mark Oakley
answered on Feb 10, 2018

Yes. See a family law attorney for a private consult.

1 Answer | Asked in Family Law, Civil Rights and Probate for Maryland on
Q: My brother was living in my home for about 4 months. He recently passed away in his sleep. I have a question. ..

...

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Feb 5, 2018

You may wish to re-post with the specific question.

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: My ex gf and I have a 9 year old son She moved to FL about 8 months ago and took my son with her with my permission.

I was supposed to moved down within a few months, but that fell through, so I still reside in MD. I send her support regularly although not court ordered. Lately things are not good and when I want to see my son or speak to him, she thwarts me at every turn. Now she is suing me for child support in... View More

Mark Oakley
Mark Oakley
answered on Feb 3, 2018

Because she has established residency with you son in Florida, and with your consent, the court in Florida has jurisdiction over the issues of child custody, visitation and child support. Jurisdiction follows the child’s place of residence. Therefore, you will need to retain a Florida attorney... View More

1 Answer | Asked in Child Support and Family Law for Maryland on
Q: My ex and I have 2 children together. Can we make our own support agreements and then just have it signed by a judge?

We want to have our agreement in writing and officially legal, but we don't want lawyers or a judge deciding FOR us what the child visitation and support payments should be. Is there a way to achieve this so our butts are covered so to speak.?

Bennett James Wills
Bennett James Wills
answered on Feb 2, 2018

Sure. You can work out your own custody and visitation agreement. You could even try to work out child support. BUT that does not mean a judge has to accept your agreement if it is not within the best interest of the children. There are guidelines that must be followed and if your support deviates... View More

1 Answer | Asked in Child Support and Family Law for Maryland on
Q: Is 400 dollers a month for child support to high.?

The court ordered me to pay 400 a month for child support. I live in atlanta but my case was in maryland. I feel like thats entirely to much considering the fact that i have 6 kids. Only 1 with her. I pay child support for my 1st 2 also to other women and she gets almost double what both of them... View More

Bennett James Wills
Bennett James Wills
answered on Feb 2, 2018

You would have to calculate the numbers on the Maryland child support worksheet - either A or B depending on the custody order. Several factors are calculated such as gross income, insurance, school contributions, etc. Then, those are applied to the standard guidelines to determine the amount of... View More

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: Can I move out of state w/o fathers permission if there is no legal agreement and she is with me 100% of the time?

I currently live in PG County Maryland. She is with me 100% of the time and he does the extreme bare minimum. His parents spend more time with her than he does and picks her up from school sometimes. There is an offer for me to work in Texas. If he and I never established a custody agreement and he... View More

Mark Oakley
Mark Oakley
answered on Jan 30, 2018

Consult with a lawyer first. Ideally, you need to get sole legal custody in place if possible, perhaps by agreement. it is much easier to move with sole legal custody, but not absolutely necessary. Consult with a lawyer to plan this the right way.

1 Answer | Asked in Civil Litigation and Family Law for Maryland on
Q: If my husband lied about his place of birth and it is documented on our marraige license, is that considered fraud?

I recently found out my husband was living a double life. He claimed to be from another country only to find out he is from baltimore, md with children. Im trying to find out what are my rights, and how to get out of this marraige

Mark Oakley
Mark Oakley
answered on Jan 30, 2018

Unless he is also still married to the mother of those three children, getting an annulment will be very difficult if not impossible. You should consult with a lawyer about your options, as there are so many more facts that are needed to best guide you. You can always start the process to ending... View More

1 Answer | Asked in Family Law, Tax Law and Child Custody for Maryland on
Q: My 13yr old son lived with me from 11/16-7/17 (court ordered) Can I claim him on my taxes this year? His mom refuses to

allow me too. She says she is the custodial parent, but at the time, I was. He went to school while living with me as well. I'm in MD.

Linda Simmons Campbell
Linda Simmons Campbell
answered on Jan 24, 2018

If there is not an agreement in place then generally the parent that has the child for more than 6 months can claim the child.

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: I have been trying to get custody of my 13yr old son for some time now and I think I may finally have proof his mom is

unfit. I have video of her letting him drive her car on a public road and he took his hands off the wheel when she told him not too. He thought it was funny. Among others verbal commands he chose to ignore from her. He does not listen to her or respect her. Can this be the proof that I need. It put... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on Jan 24, 2018

It is illegal to audio tape someone in Maryland without their permission. As you have audio, this is inadmissible.

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: My ex had been unemployed for 6months and according to our agreement he was to notify me immediately when he gets a job

and show documentation of what his new income is.He has done neither of these things after many attempts to get it from him. What can be done?

Elizabeth Pugliese
Elizabeth Pugliese
answered on Jan 19, 2018

If this agreement is in writing you can file with the court to enforce the agreement. If the agreement is made part of an order (look for the words "incorporated but not merged" in the order) then you can file for contempt.

If he is not doing what he should willing, the court...
View More

1 Answer | Asked in Civil Litigation, Small Claims, Family Law and Health Care Law for Maryland on
Q: friends dad found out she is on birth control and hes going to tell her boyfriends parents. is this legal (privacy law)?

her parents are divorced and her mom got her the prescription without her dads knowing, her dads new wife found the pills and told her dad. her dad is threatening to tell her boyfriends parents because he wants them to know their son is sexually active. her mom has told him not to do this. if he... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 12, 2018

Unless the concerned parent is a medical professional who learned the news in a professional capacity, talking with the parents of a child's boyfriend/girlfriend would not seem to violate any known privacy laws.

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: If a man is not on a child's birth certificate can a woman get child support from that man
Bennett James Wills
Bennett James Wills
answered on Jan 5, 2018

Yes. But you would also need to establish paternity first.

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