Ask a Question

Get free answers to your Family Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Maryland Family Law Questions & Answers
1 Answer | Asked in Family Law for Maryland on
Q: what rights does new jersey unmarried father have to one yr. baby born in Maryland. mother has raised the baby since bir

father has suddenly filed papers in new jersey demanding custody. Baby has a stable home and happy life with me in Maryland. he served me papers which included falsehoods about the details of our situation. what recourse do I have

June Marie Marshall
June Marie Marshall
answered on Jul 6, 2017

Generally, as the Father, he can ask for some form of legal and/or physical custody (e.g., sole, shared. It doesn't mean he will get it) or visitation unless there is a good reason to deny it (drug use, alcoholism, etc.). You and the Father can either work that out or the Court will. He is... View More

1 Answer | Asked in Family Law and Probate for Maryland on
Q: Mom died first step dad died this year.is his family entitled to my mothers property? Both had no wills

I am her only child and my step dad gave me administrator privilege when she died. Is his family entitled to any part of the property? The deed was never in his name. Only hers. The property was purchased many years before the marriage

June Marie Marshall
June Marie Marshall
answered on Jun 25, 2017

Even though the property was titled in your mother's name, unless she had the property before the marriage or was a gift, it will be treated as "tenants by the entirety" which means they both own the property. The law lays how the property will be treated when there is no will. You... View More

1 Answer | Asked in Family Law for Maryland on
Q: Is there grandparents rights

Want visitation rights for grandkids

June Marie Marshall
June Marie Marshall
answered on Jun 25, 2017

Grandparents can request the court grant visitation rights. The court will be decide based on the "best interest of the child" standard. Each case is different. It depends on the facts you present.

1 Answer | Asked in Criminal Law and Family Law for Maryland on
Q: Me and my bf are dealing with cps and c3i for something we didn't do Idk what else to do

A cps worker is trying to make me go down and file out papers to have my bf to never come around my son's and me and he said that if I dont go do it that it would look bad on me and that he can put me in jail for neglecting my child can they do that or not

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2017

I would urge you to consult with an experienced attorney for guidance.

1 Answer | Asked in Family Law for Maryland on
Q: Can I deny visitation if other aren't wants to take my child in a car when he has a suspended license and on drugs?

I have allowed for supervised visitation because the other parent has bipolar had drug use issues and was facing criminal charges. He is refusing supervised visitation now and threatens to without child support or sue for custody now that he beat his drug and destroying of property case

June Marie Marshall
June Marie Marshall
answered on Jun 15, 2017

Yes, your Order is for supervised visitation. It appears that the child's safety is a big concern.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Maryland on
Q: I have been subpoenaed to court to testify against my children's father for 2nd degree assault but I do not want to

Am I able to call the clerk who subpoenaed me and tell her that I do not wish to testify because I do want the case dismissed and the charges dropped. We have 3 children and the state has a peace order where he is not able to contact me or come near me at the time I called the police I was very... View More

Thomas J. Maronick Jr
PREMIUM
Thomas J. Maronick Jr
answered on Jun 10, 2017

You would need to call the State's Attorney's office if they subpoenaed you. Your views on the case may assist what they wish to do with it. They will make those determinations but usually the positions of witnesses and victims provide input into what they choose to do.

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: My son is four years old. His Father has been absent for the whole four years and still. Can he sue me in Family Court?

My son is suffering from Chronic Constipation on to Pain Traumatization and is now Mentally draining. I am and still the comforter, teacher, the one who drives countless hours to from Emergency Rooms, Dr appt, Etc. He knows nothing about his condition or what to do, feed, how to comfort, talk,... View More

June Marie Marshall
June Marie Marshall
answered on Jun 7, 2017

Yes, he can still file for custody. However, that does not mean he will get it. If it is not in the child's best interest for the father to have sole or joint custody, the judge will not award it. He may get visitation rights. He will also have to pay child support, if he isn't already.

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: Can/will the judge dismiss child support if he states that's he's been looking for a job but can't find one?

My exhusband was laid off. He filed a motion to remove child support. He obtained a lawyer and wants to go to trial.

June Marie Marshall
June Marie Marshall
answered on Jun 5, 2017

It is unlikely. Both parents are responsible for taking care of their children. A judge may lower child support temporarily, depending on the father's finances. If he was laid off, he should be getting unemployment though. You should retain a lawyer to assist you to get all of the... View More

1 Answer | Asked in Sexual Harassment, Criminal Law and Family Law for Maryland on
Q: If my child was investigated as a victim of a child abuse case in school, should the school relay specifics to parents?

What if during the investigation which was the day it happened, parents were not notified of all the facts. Some of the abuse was told to parent over the phone but the worst part was left out. What are the parents rights?

Thomas J. Maronick Jr
PREMIUM
Thomas J. Maronick Jr
answered on May 26, 2017

They are supposed to contact the parents of the alleged abused individual. Parents are to be notified depending on what kind of school and what level of school this was.

1 Answer | Asked in Estate Planning, Family Law, Banking and Probate for Maryland on
Q: As one beneficiary on a bank account, how can I collect my share of funds if another beneficiary won't cooperate?

My grandma died in December 2015 and left the funds in her bank account to me, my uncle, and my aunt. The funds are to be split equally among all 3 of us and will only be disbursed when we have all notarized a form and submitted it to the bank. My aunt has refused to get her form notarized, meaning... View More

Richard Sternberg
Richard Sternberg
answered on May 25, 2017

Sue her and/or the bank.

1 Answer | Asked in Probate, Family Law and Landlord - Tenant for Maryland on
Q: Can I evict my sister from our home though the house will be in both of our names (going through probate with it now)

She and her husband were evicted before our parents died and I let them home back when they fell on hard times pending them signing a lease agreement (not notorized). In retrospect, it was a huge mistake. They have caused a few more problems & inconveniences with their stay this time and... View More

Richard Sternberg
Richard Sternberg
answered on May 16, 2017

Almost certainly not. If you both own the house, you both own the house. The lease from the estate may be valid, but not once you convey title. Your best bet may be to sell the house while it is in the estate and use your share to buy something.

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: What happens if my ex loses his job because he lied about his credentials?

In his particular field, there is an ethical obligation to report if he is operating without a license. And what are the implications or legal ramifications from the perspective of child support if the person who notifies the licensing bureau is the former spouse?

June Marie Marshall
June Marie Marshall
answered on May 15, 2017

Reporting that a spouse is operating without a license should not itself affect child support payments. Child support payments are based on the Maryland child support guidelines. On the other hand, there may be an impact on child support payments if the former spouse loses his/her job and has no... View More

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: Order ended Nov '16, paying arrears since. Now ex is filing to extend till child is out of school. Now May, legal?

Shouldn't this be her responsibility, which is passed, to do this before it ended. And what will happen with me paying arrears, by garnishment for this 6 months?

June Marie Marshall
June Marie Marshall
answered on May 15, 2017

Here is what I found: Under Maryland law, child support continues until the minor child reaches the age of 18. It may be extended to age 19 if the child is still enrolled in high school. If there is past-due child support, the agency will continue to enforce payment until the arrears are paid in... View More

2 Answers | Asked in Family Law and Juvenile Law for Maryland on
Q: Can parents in marylandrefuse to feed cloth or adbandon their child if they are 19 but still in high school with learnin

Child had learning issues that's why they are still in high school

June Marie Marshall
June Marie Marshall
answered on May 6, 2017

Article ­ General Provisions

§1–401.

(a) (1) The age of majority is 18 years.

(2) Except as provided in subsection (b) of this section or as otherwise

specifically provided by statute, an individual at least 18 years old is an adult for all

purposes and...
View More

View More Answers

1 Answer | Asked in Family Law for Maryland on
Q: how can I get my alimony reduced?
June Marie Marshall
June Marie Marshall
answered on May 3, 2017

I have to give you a general answer since I don't have much information about your circumstances. In order to modify alimony payments, you have to show a material change of circumstances, such as loss of a job, illness, or disability. You should contact a lawyer to discuss the evidence you... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Maryland on
Q: Have a CS case and go to court next month. Noncustodial parent gave me a check. If i cash, what are impacts to case?

Father stopped paying in Oct 2016. Divorced finalized in Nov 2016. We went to pre-hearing in Feb 2017, they gave him a similar amount to what he was giving prior to him stopping in Oct. He provided me with a check after a visit with the kids in March 2017. Not sure if i should cash as we have an... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on Mar 12, 2017

It will be counted against the back support he owes you. It will reduce the total amount owed, not wipe it out entirely. The amount is due in full, every month. Not just when he feels like giving it to you.

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: My kids are grown for about three years and still getting money out on me. Can I get my money back
Elizabeth Pugliese
Elizabeth Pugliese
answered on Mar 7, 2017

It is highly unlikely that you will be reimbursed for any over payment. In Maryland, it is your responsibility to petition the court to terminate child support once the children are over 18. It does not end automatically.

1 Answer | Asked in Child Support and Family Law for Maryland on
Q: If the custodial parent relocates, and rent goes up, can they require larger CS payment?
Elizabeth Pugliese
Elizabeth Pugliese
answered on Mar 6, 2017

Child support is based on both parents' incomes, not their expenses. It is figured pre-tax and pre-all other expenses.

1 Answer | Asked in Child Support, Divorce and Family Law for Maryland on
Q: If my husband chooses to separate and leave our home, do I have to allow him time with our daughter?

My husband is not happy in the marriage and possibly wants out, but he has no grounds for divorce except to separate for 12 months. I think we can work through our problems and don't want to give in. If he does choose to separate, do I have to allow him to see our daughter? I would want them... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on Mar 6, 2017

The relationship between you and your husband has nothing to do with his relationship with your daughter. Regardless of the reason for the separation, he still has a right to see his child. Whether joint custody is appropriate depends on many factors, but should not be dismissed outright just... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Maryland on
Q: Is it still considered adultery to enter another sexual relationship while seperated?

My wife and I have been living apart since January 2016, we continued having a sexual relationship until July 2016 when she entered into a sexual relationship starting in August 2016 and is claiming it is not considered adultery since we were seperated. Any suggestions on what to do about this when... View More

Bennett James Wills
Bennett James Wills
answered on Jan 28, 2017

If you are still legally married then having intercourse with someone other than your spouse is considered adultery. Consult counsel if you think it will be an issue for a divorce.

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.