Get free answers to your Family Law legal questions from lawyers in your area.
The biological parents have not had contact with the child in over 1 year and he has not been in their custody for almost 2
answered on Sep 17, 2024
If you are on the birth certificate, you can file a petition in court requesting visits with your children. You will need to know the whereabouts of your children and the mother. You will need to serve the mother with a summons to appear in court.
Parent 1 and Parent 2 had a Pendente Lite custody order in place that stated shared legal custody for children. The final court order has since occurred and maintained the shared legal custody framework. It is now 2 years since the Pendente Lite Custody was initially put in place. It was recently... View More 
answered on Jul 15, 2024
Given that no harm or injury was done to the child or to either parent, it is unlikely there is any legal penalty for the grandmother's action.
My ex has sole legal custody and primary physical custody while I have visitation overnight once a week. She has done shady things behind my back before. I just need to know if she is allowed to give consent for that without having to consult me.
Our prenup gives me a life estate if my husband predeceases me, assuming I continue to pay the mortgage. Do we need to record notice of the life estate?
answered on Nov 3, 2023
Your prenup is statement of intention. Only a recorded deed can pass an interest in land, or create a life-estate. For years our Firm has litigated this issue because the family law lawyers often don’t know how to handle the real property side of a separation agreement. It’s not hard, but it... View More
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answered on Nov 2, 2023
Yes, you can have divorce papers served via certified mail to your spouse's adult sister, whom he lives with and collects his mail. This is a valid method of service under Maryland law.
Once the certified mail package has been delivered to your spouse's adult sister, she must sign... View More
The licensed provider did not require a contract however just the required forms to be completed for state regulation. However there are emails and text messages showing the business relationship for an 8 month period.
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answered on Sep 14, 2023
If the daycare provider is refusing to provide a receipt, you can take the following steps:
1. Communicate Clearly: Send a polite and formal written request, preferably via email or text message, asking for the receipt. Mention any relevant details like the dates of service and payment... View More
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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
My kids have lived with me for a year since their dad died. We did our custody order through Maryland since at the time he lived there and I gave him primary physical custody and we had joint legal custody. Awhile later he moved to WV and passed away. I’ve lived in PA for 6 years and my kids have... View More
answered on Jul 13, 2023
No, you already had joint legal custody to begin with--the equal to your ex. Now, you are the sole legal guardian of your children.
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 wife is not co-operating. Do I need a lawyer? Do I need to talk to police? I don't want to lose my belongings.
answered on Jun 28, 2023
Make a motion in your divorce case for leave to get your personal items.
Joseph H. repeatedly talked about their getting married when she turned 19 years old. Joseph and Alexandra set the wedding date on her 19th birthday and began planning their wedding. Alexandra booked a caterer, rented a wedding hall, and hired a DJ for the wedding reception. The bills were... View More
answered on Jun 23, 2023
This reads like a law school exam question. Unless the stepfather legally adopted her, I am aware of no prohibition in Maryland preventing marriage between consenting adults, regardless of the prior marriage of the stepfather to the mother of the bride. But I would still want to review the Family... 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
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