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Maryland Family Law Questions & Answers
1 Answer | Asked in Criminal Law and Family Law for Maryland on
Q: How long before I can expunge this type of case? Caught this case back in 10/2010 finished probation in 4/2011

ABDUCT CHILD/RELATIV IN ST.

Scott Scherr
Scott Scherr
answered on Jan 20, 2022

If you received probation before judgment and it was not an alcohol related driving offense, you can get it expunged now. If you were a convicted, it depends on the nature of the conviction. Only certain convictions can be expunged. Consult with a lawyer.

1 Answer | Asked in Estate Planning, Family Law and Probate for Maryland on
Q: I inherited the house I’ve been living in with my mom in a 50/50 undivided split

Can I rent a room out without my sisters approval who owns the other 50% it hasn’t been transferred into both our names yet as my mom just recently passed away. Can she say no even when I will split the income with her?

Shaneka Johnson
PREMIUM
Shaneka Johnson
answered on Jan 10, 2022

Who is the personal representative of your mother's estate?

1 Answer | Asked in Family Law for Maryland on
Q: Father Will states wife can live in home and when sold moneys goes to his kids. Is there any way kids could loose out?

Or if she moves out can kids force sale of home?

Mark Oakley
Mark Oakley
answered on Dec 29, 2021

You need to have a lawyer review the terms of the will. If a proper life estate was bequested to the wife, then she can remain in the house until she dies. Whether she can live elsewhere and rent it out to collect rental income and maintain control over it depends on the wording of the life... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: Under Maryland Family Law Section 5-801, what constitutes a responsible person? Is there anything specific?

Child’s other parent leaves them regularly to go bowling with an unknown teenager.

Mark Oakley
Mark Oakley
answered on Dec 18, 2021

13 years or oder is the only specificity contained in the law. "Responsible" is meant to be vague, since there are some very mature and capable 13 year olds, as well as many irresponsible, careless and inappropriate adults. It also changes with the circumstances. For instance, you... Read more »

2 Answers | Asked in Family Law for Maryland on
Q: Asking assistance on how to obtain I.D documents without having actual parents,birth date ,or birthday. Thanks..

My current documents are as false.

I want to change my full name and social security number but wasn't birthed in state of Md(or know of actual birth)

Mark Oakley
Mark Oakley
answered on Dec 16, 2021

You should attempt to explore every possible lead to determine where and when you were born in order to obtain a certified copy of your birth certificate. Do you know your mother's full name (including her maiden name if married at time of your birth)? Do you know the state of birth (or if... Read more »

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1 Answer | Asked in Divorce and Family Law for Maryland on
Q: i want to file for divorce and leave this abusive marriage with 2 kids will this negatively affect my case for divorce

do i have to file for full custody of kids before leaving or send him a text telling him we are leaving then tell him to call me so we make arrangements anytime he wants to see the kids.

Pawnee A. Davis
Pawnee A. Davis
answered on Dec 13, 2021

I am sorry to hear that you are going through this difficult situation in your life. It is very important that you find an attorney with whom you can go into detail about this question given the different factors involved. It would not be wise to give a simple answer to such a very complicated and... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: Modify a custody agreement because of medical issues?

Currently, my ex husband and I have joint custody of our 2 daughters. It's been in place for 6 years, and has not been a problem, until now. We cannot agree on a certain medical issue and there is no agreement in sight. I need to change the custody agreement to me having primary custody with... Read more »

Mark Oakley
Mark Oakley
answered on Dec 11, 2021

You need to either (1) come to an agreement with the other paent for a protocol or process to address and make decisions like this, e.g., sign an agreement to use a neutral parenting coordinator to act as intermediary to try and reach consensus, or agree to mandatory mediation sessions -- two... Read more »

1 Answer | Asked in Family Law, Divorce, Child Custody and Child Support for Maryland on
Q: Where can I get a lawyer for a low income family?
Scott Scherr
Scott Scherr
answered on Dec 1, 2021

Contact Maryland Volunteer Lawyers Services, Legal Aid, or your local bar association.

1 Answer | Asked in Family Law for Maryland on
Q: Are Co-pays considered extraordinary medical?

I am ordered to pay 50% over $250 of extraordinary medical. My ex sent me a bunch of receipts of nothing but co-pays ( for the month of Nov.) which for 1, doesn't even exceed $250 (total), and #2, are nothing but co-pays. Am I required to pay 50% of co-pays?

Mark Oakley
Mark Oakley
answered on Dec 1, 2021

Yes, co-pays qualify as "extraordinary medical expenses" under the Family Law Article of Maryland, but only to the extent that they, together with all other qualifying expenses, exceed $250 per year. The text of the law is as follows:

Family Law Code, Section 12-201(g)...
Read more »

1 Answer | Asked in Family Law for Maryland on
Q: what will it cast me to get a lawyer to represent me and my family for a court hearing friday march 4,2022 at 9:00 a.m
Mark Oakley
Mark Oakley
answered on Nov 30, 2021

It depends on the type of case, the issues, and what the hearing is for, which determines how much time is needed to prepare for it. A pre-trial scheduling conference takes no more than an hour or so of time, while a 2 or 3 day trial on conested issues can take 40 hours of trial preparation and... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: My divorce pays $250 alimony married for 11 years being receiving this for 12 years it states family law 11-108

So when do alimony stops my last child is 16 with child support also

Mark Oakley
Mark Oakley
answered on Nov 17, 2021

Review your judgment of absolute divorce and/or separation and property settlement ageement (if you have one) setting forth the terms of the alimony payment. Alimony can be for a definite terms, like 10 years, and then it ends, or it may be for an "indefinite" term, which means it... Read more »

1 Answer | Asked in Family Law and Civil Rights for Maryland on
Q: My father stole around 3000$'s in items how do i charge him or get him arrested, he didn't buy them for clarification.
Scott Scherr
Scott Scherr
answered on Nov 8, 2021

You can go to the police or the Commissioner to file charges.

1 Answer | Asked in Family Law, Elder Law and Health Care Law for Maryland on
Q: I'm being accused of elderly abuse of my mother, only because I will no send thousands of dollars out for free. What now

He husband passed Oct 16, 2021 Now he's gone, I'm the bad one because I won't send 20,000 dollars immediately after his passing

Mark Oakley
Mark Oakley
answered on Nov 4, 2021

If you are being charged with a crime by the police or prosecuting authorities of the state, hire a criminal defense lawyer. If some family member or other person is just accusing you of elder abuse but is not an authorized representative of the State or local government having authority over... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: Ex-husband died recently. Had been married for 30 years. Am I entitled to any of his life/ins. or pen? I was not a bene.

There was nothing included in the divorce decree about life insurance or pension benefits. There are two adult children.

Mark Oakley
Mark Oakley
answered on Oct 19, 2021

Upon divorce, your rights under any existing will would have terminated. While Maryland does not have a law in place that automatically terminates an ex-spouse's designation as a beneficiary under a life insurance policy, some states have such laws (New York, e.g.), so if your divorce was... Read more »

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: Do I need permission from my ex-wife to get my kids covid tested.

I have 50/50 joint custody and my ex is anti-vax and anti covid-19 testing. I want to take my kids to a convention this weekend that requires testing and so I ran it by the kids first, with the intent to ask her after I talked to them. One of the kids told her before I had a chance and now... Read more »

Mark Oakley
Mark Oakley
answered on Oct 19, 2021

Is there a court order or judgment in place awarding one of you sole residential custody, or sole or final say in major medical decisions, or do you have shared custody or to you share those decisions equally? Is there a custody agreement in place that addresses the issue? You need to review your... Read more »

1 Answer | Asked in Estate Planning and Family Law for Maryland on
Q: ex died with no will.He had a trust written in 2012 with only the 3 oldest named.there’s a total of 6 children

My ex had 3 kids with diseased wife, then 3 more with 2 other Woman. All carry his last name. His trust says:

any reference

to Grantor's "child" or "children" shall refer only to these

named persons. ** (Names 1st 3 kids)**

Any reference... Read more »

Mark Oakley
Mark Oakley
answered on Oct 1, 2021

The first question I’d want answered is, what is in the name of the trust? If he owned anything in his personal name, then those assets do not pass in accordance with his trust, but by intestate succession, so that would mean divide six ways. Only those assets titled in the name of the trust are... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: My girlfriend is under guardianship, but they don't permit me to see her. What can I do to see her back?

I have dating with my girlfriend around 6 years, but one moment to another they don't permit me to see her.

Mark Oakley
Mark Oakley
answered on Sep 29, 2021

If there is a court ordered guardianship over her person, then you cannot do anything without her guardian's permission, unless the court order establishing the guardianship limits the guardian's authority in some way.

1 Answer | Asked in Family Law for Maryland on
Q: In the court database it states PS Answer Reviewed/Contested. What does that mean?

I responded to to a complaint against me.

Mark Oakley
Mark Oakley
answered on Sep 22, 2021

By filing the answer, the case is deemed a contested matter and will be treated as such (a trial on the merits will be scheduled) and --if this is in circut court-- a pretrial scheduling order setting forth various datesand deadlines in the case will be issued.

1 Answer | Asked in Family Law for Maryland on
Q: What do I do to continue being my child advocate who has autism and is 18 but still attends high school in Maryland
Mark Oakley
Mark Oakley
answered on Sep 3, 2021

There are attorneys who practice "education law" as well as focus on disability law and similar specialties. You should search for such a lawyer if you need to address or understand legal issues that arise (which you do not specify). Generally, childen with a disability (autism... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: I married someone who did not have legal status.

He didn’t receive a green card because he couldn’t prove the marriage was valid. I do not know his whereabouts but I would like an annulment is that possible

Mark Oakley
Mark Oakley
answered on Aug 26, 2021

Annulment is unlikely in this scenario. Divorce is available. Consult a lawyer to go over more details and what options you have.

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