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answered on Aug 16, 2023
In situations like this, it's important to consider the best interests of both you and your baby. While laws vary by jurisdiction, generally speaking, being pregnant at 16 does not automatically affect your legal custody of your child. However, your situation might be influenced by factors... View More 
I’m the defendant. The plaintiff was granted motion to compel documents from me. They also requested sanction, asking that I pay his attorney fees. If I turn the documents in the time the they request (5 days), can I still be sanctioned?
answered on Aug 4, 2023
I see you're in Prince George's County. Although I'm a [Baltimore County child custody lawyer](https://www.ostendorflaw.com/practice_areas/maryland-child-custody-lawyer.php), the same principles would apply in your jurisdiction as we are discussing Maryland law generally.... View More
I was compelled to meet in a zoom meeting for mediation for child support in CA. But I already initiated a complaint for divorce, child support and custody in Maryland. Do I have to attend it? what is going to happen with the action in Maryland?
answered on Jul 12, 2023
You need a lawyer to review the jurisdictional issues. The Uniform Child Custody Jurisdiction and Enforcement Act has been codified in both CA and MD (and every other state, I believe) and there must be a hearing first to determine which state court will hear the case and exercise jurisdiction... View More
State whether you have had sexual relations with a person other than your spouse since the date of your marriage, and if your answer is in the affirmative, state the name and address of each person with whom you have had sexual relations, the date of each such activity, the location and address... View More
answered on Jul 8, 2023
If the answer is "No," simply answer "No." If the truthful answer is "yes," then you decline to answer on the grounds that your answer would tend to incriminate you, and you assert your right to remain silent under the Maryland and US Constitutions. Acts that meet the... View More
Collections. We lived together for 6 years and were in the process of getting married. She was caught in infidelity. We separated and now I have been sent to collections due to her not paying a bill that was agreed that she would pay.
answered on Jul 6, 2023
If the bill is in your name, you owe it and claiming someone else agreed to pay it is no defense. However, if there is an agreement that she pay this bill, then you can sue her for breach of the agreement to recoup what you paid on her behalf. Oral agreements are as binding as written ones; it’s... View More
I filed for divorce in Pennsylvania. My ex and i lived there during the marriage. We separated, i moved to Maryland and filed for divorce in Pennsylvania My spouse claimed she wasn't properly served. My attorney sent the divorce papers certified mail. My ex responded, we signed a marital... View More
answered on Jul 2, 2023
Who cares where you get divorced? You have a signed separation and property settlement agreement which I assume resolves all issues between you, so why expend time and money arguing over which court to get the divorce judgment from? If both parties voluntarily participate in one of the divorce... View More
He lives in MD, I live in CA. I'm passing for his airfare to come out per the agreement. She's expecting me to travel with him to take him back. I'll need that money for food and other expenses during his visit. The agreement was processed through a Maryland court so I'm sure it... View More
answered on Jul 2, 2023
If your child support order does not already include a waiver of child support while your child is with you exclusively for a month or whatever period of time you have him, then no, you cannot unilaterally withhold child support or take it to defray your costs. Only another court order modifying... View More
It has already been appealed but the majority of the evidence found after the fact.
answered on Jul 1, 2023
An appeal from the circuit court goes first to the Appellate Court of Maryland (formerly called Court of Special Appeals). Although the Supreme Court of Maryland (formerly the Court of Appeals) has the discretion to take jurisdiction over an appeal pending before the Appellate Court, it rarely does... View More
My question can I have her buy me out so I no longer have any financial obligation. What is the best method for this? My thought was to get the house appraised then sell it to her. She would get a discount since half the equity is hers. So I would sell the house to her for (current balance) +... View More
answered on Jun 9, 2023
This happens in divorces all the time, with one spouse buying the other out by refinancing the property in their own name for enough money to both pay off the existing mortgage and pay the buyout amount to the other spouse. Typically you would enter into a written agreement regarding the... View More
May a motion be filed expeditiously if both parties are in agreement?
answered on Jun 7, 2023
You need a consent motion to enter a qualifying order signed by both parties, and a proposed draft qualifying order (also typically signed by both parties, a family law magistrate and a judge). You will need a lawyer to draft the consent motion and qualifying order, and will need to contact the... View More
answered on May 7, 2023
In order to enforce an out-of-state judgment or order in Maryland (or in any other state) you need to first obtain an “exemplified” or “triple seal” copy of the order/judgment from the state that issued it. This is different from a regular certified copy. It requires three signatures... View More
He started working under the table, moved so I cannot find his address, and has Virginia license tags. He has social media showing that he is working and stated in text messages that he is working his own business under the table. He gets him during the summer, and I get to see him during my... View More
answered on Apr 27, 2023
You need to file contempt. Deliberate failure to follow a court order could cause a judge to hold him in contempt. Contempt is to secure future compliance with an order -- so yes, the court can actually make him follow it. Or face severe consequences up to and including jail.
For... View More
My mother passed 2 years ago. About 2 months after their father left the house and has not been back. I used my life insurance money to take care of them, but the money has ran out. Now he pays the bills of the house. Even when my mother was alive I raised the children so he tries to manipulate me... View More
answered on Apr 24, 2023
Whatever informal arrangement might exist, formal custody is determined by the courts. You're asking questions that really would benefit from sitting down and consulting with a family law attorney who can go over all the specifics of your situation and the options to seek formal guardianship... View More
I am currently Homeless I have two small toddlers, and I am currently pregnant. The father of my children refuses to provide any help and does not pick the children up one days he said he supposed to. He does not send financial help, and he is verbally, and sometimes physically abusive to me. What... View More
answered on Apr 17, 2023
First, if you are homeless with children the immediate need would seem to be to secure housing for your family. A variety of government and non-government agencies are available to help. The local Department of Social Services may be a good place to start, or you may want to reach out to an... View More
I gave away all my rights so the mother has full sole custody. In the paperwork she chose to not put me on child support at the time. If she ever wanted to could she put me on child support even though I’m not responsible for the child at all?
answered on Apr 5, 2023
Yes. Both parents ALWAYS remain legally responsble to support their minor children. That legal obligation cannot be waived and "contracted" away, except through legal adoption (where another person adopts your child and you relinquish your parental rights). Absent a legal adoption, if... View More
answered on Mar 19, 2023
When a married federal employee retires and claims their benefits, they have to choose whether to take a full or partial survivor benefit- or waive the survivor annuity altogether. To take a reduced benefit, or waive it, their spouse (you) must consent by signing a waiver that is included in the... View More
I'm facing homelessness in 2 months. I don't have a car and can't get a job without one. I severely broke my ankle in 2016 and had complications after my first surgery that led to a second surgery. Complications have continued and limit me to not being able to be on my feet for more... View More
answered on Mar 9, 2023
"Can" you file for alimony? Yes. Will a court award you alimony? Not enough facts to evaluate that claim. 7 years separation with no contact will not help, but is not determinative. Length of marriage prior to separation, total length of marriage including period of separation,... View More
answered on Feb 17, 2023
By a court, no:
Family Law Code 8-103:
(b) The court may modify any provision of a deed, agreement, or settlement with respect to spousal support executed on or after January 1, 1976, regardless of how the provision is stated, unless there is a provision that specifically states... View More
I told her the street address where I was staying and showed her around the house and even let her talk to the owner of the apartment but I don’t feel comfortable telling her the door number. I am living with my uncle to get financially stable and he said she cannot come over. At first she agreed... View More
answered on Feb 15, 2023
Yes she has the right to know the precise location. If there is an emergency she needs to know exactly where the child is. Playing games about addresses never goes over well if this gets to court. Being more forthcoming and being willing to work with the other parent by giving information... View More
My father was abusive and had 50% 50% custody if me and my siblings. I havent seen him in about 5 years and I want to remove his name.
answered on Feb 8, 2023
No. By law, "If the child's mother was married at the time of either the conception or birth or between conception and birth, the name of the mother's spouse shall be entered on the certificate as the child's other parent." If the mother was unmarried at any of these... View More
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