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Maryland Family Law Questions & Answers
1 Answer | Asked in Family Law and Juvenile Law for Maryland on
Q: Is it illegal for my former step mother to pose as my biological mother(legal guardian) in order to get medical info

My former step mom has done this on multiple occasions since my dad divorced her, even though she is not a contact for my doctor. Most recently she tried to cancel my therapy appointment. I am a minor.

Mark Oakley
Mark Oakley
answered on Feb 3, 2023

No. It is illegal. Discuss this issue with your parent(s) and ask for them to either file charges, or file for a protective order on your behalf against her from interfering with your medical care, medical records, and otherwise contactingyou.

1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: Can my dad win my custody of me even tho he owes some child support money from previous years?

He has a debt because he had an injury and stop working, that formed into a debt. My mom is trying everything she can to not let me see him and now has an arrest warrant towards him. Since we live in different states if he were to travel to see me he will get arrested. I don’t want to live with... View More

Mark Oakley
Mark Oakley
answered on Jan 27, 2023

If you are a minor child, so you are limited in what you can do. Your father's child support arrearage is not a bar to his having primary residential custody. Judges will start to take into consideration the wishes of the minor child at around age 12, and by 15 or 16, the child's... View More

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: My ex has over 24k I. Arrears( childsupport). How to go about getting a judgement. We both reside in maryland .

Also, how to report child support application fraud?

Mark Oakley
Mark Oakley
answered on Jan 26, 2023

(1) Take your court order for child support to the Office of Child Support Enforcement (OCSE) in the county in Maryland or City of Baltimore where the order was entered, and have them open a case. If the child support order was entered in another state (you list Washngton DC in your question but... View More

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: Can videos taken by the security camera at the marital house be used legally as evidence in court?

I and my spouse separated. I moved out and my spouse stayed with the marital house. One day when picking up my child from that house for a doctor appointment I noticed that someone else was in that house.

Then I realized that I still had access to the front door security camera. By checking... View More

Mark Oakley
Mark Oakley
answered on Jan 19, 2023

Possibly, since your spouse presumably knew when the videos were created that the video surveillance system was in place and operational, so that she cannot claim she was videotaped without her knowledge or consent, even if she forgot she was being recorded. But further legal research should be... View More

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: My ex is in arrears for alimony in Maryland, he pays something each month but not the full amount
Mark Oakley
Mark Oakley
answered on Jan 17, 2023

You can file a motion to (1) hold your ex in conempt of the court order to pay the full child support amount, and (2) enforce the child support order. You will need to list the total amounts over the time period he should have paid, and th amounts he actually paid, to support your motion. If you... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: what does "Maryland annotated code, courts and judicial proceedings 6-202..." mean in a custody case?
Mark Oakley
Mark Oakley
answered on Jan 16, 2023

That section simply sets forth the appropriate court venue (the county or City of Baltimore) where a suit may be filed for various types of actions. In the case of a custody matter, that Section states, "[T]the following actions may be brought in the indicated county: ... (5) Action relating... View More

2 Answers | Asked in Family Law for Maryland on
Q: Can a man take me to court to establish paternity on a new born that passed away at the hospital ?

How can genetic testing be done on a baby that doesn’t exist ?

Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Jan 5, 2023

It is generally possible for a man to seek to establish paternity of a child, even if the child is no longer alive. Paternity can be established through a legal process, either voluntarily or through a court order. In some cases, paternity may be established through genetic testing.

If a...
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2 Answers | Asked in Family Law for Maryland on
Q: Can a man take me to court to establish paternity on a new born that passed away at the hospital ?

How can genetic testing be done on a baby that doesn’t exist ?

Mark Oakley
Mark Oakley
answered on Jan 6, 2023

If blood or tissue samples were preserved from the child (either through an autopsy procedure to investigate the cause of death or for other reasons), or if the child was buried and the body can be exhumed, then DNA testing is possible and can confirm paternity. It is unclear why the alleged... View More

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1 Answer | Asked in Family Law and Child Support for Maryland on
Q: Thank you for your time and response. It’s greatly appreciated. I’ve always wanted to be in my sons life, but

Money is an issue and has been from the time he was born, as to why I never had the funds to obtain an attorney to get visitation rights. So, basically it seems as if I’m stuck paying support for a child I can’t even interact with?

Mark Oakley
Mark Oakley
answered on Dec 29, 2022

The Circuit Court in the jurisdiction in Maryland where your child resides may have a self-help programs for self-represented litigants in domestic/family law cases. Most common legal motions, comlaints and petitions are available as fill-in-the-bank forms for family law cases, including... View More

1 Answer | Asked in Family Law for Maryland on
Q: Good morning,

I have an 8 year old son that resides in the state of Maryland. Me and the mother were never together as a couple, but with a few dealings she became pregnant. I've seen my son twice within the eight year span, and that was when he was just a year old. The mother had been unhappy because I... View More

Mark Oakley
Mark Oakley
answered on Dec 28, 2022

No, you cannot do it unilaterally. If the "father figure" and your ex get serious, and get married, and if the father figure decides he would like to adopt your son as his own child, then with your voluntary consent you could allow the adoption and give up your parental rights in that... View More

1 Answer | Asked in Family Law for Maryland on
Q: What does my dismissed peace order mean

I have a dismissed peace order filed against me in 2021. I was never served because I was only in MD on Military leave and was back across the country when they showed up to my parents house. It was dismissed after a month and the filer went to court once a week for that month. On the MD courts... View More

Mark Oakley
Mark Oakley
answered on Dec 18, 2022

It is not a criminal charge, so guilt or innocence is not the right way to characterize this type of case. This is a civil peace order petition. Anyone can file a petition seeking a peace order against another person, and the burden of proof is a "preponderance of the evidence" which... View More

1 Answer | Asked in Family Law for Maryland on
Q: If my sister gifts me a house, will it be considered marital property?

I live in Maryland. My sister bought a house. I live in it with my husband and kids and I pay rent to my sister. She has said that she will gift me the house when it’s paid off. In this case, will the house be considered the marital property of me and my husband, or just mine?

Mark Oakley
Mark Oakley
answered on Dec 10, 2022

A gift is not marital property. Payment of rent that is actually payment made as part of an agreement to purchase the house would be deemed payment toward marital property. A mere promise to gift you a property in the future is not an enforceable agreement or contract, meaning your sister does... View More

1 Answer | Asked in Family Law and Real Estate Law for Maryland on
Q: My father recently passed but he has a house in his name with someone as well that was falsely added

He purchased the property in 2003 but years later a women was added what should I do

Mark Oakley
Mark Oakley
answered on Dec 2, 2022

Hire a lawyer to look into the title records, and provide a whole lot more details about who this woman was, her relationship to your father, whether she ever was romantically involved with him, or resided in the house, etc. If your father had a will, that should be reviewed. If there was an... View More

1 Answer | Asked in Child Support and Family Law for Maryland on
Q: Is my son’s father is still suppose to be paying child support or not? Im confused by the court order.

Me and my son’ father had in our court order that child support was to be paid until he turns 18. In May, he filed for a modification. Why? I don’t know. My son graduated in June and that was the last payment I received. There was a court date in Sept, which we both missed, and the judge... View More

Mark Oakley
Mark Oakley
answered on Dec 2, 2022

By law, in the absence of an agreement by the parents to the contrary, child support ceases once the child turns 18, or if the child is still enrolled in high school and not yet reached graduation, then through completion of high school --whichever is later (but not past the child's 19th... View More

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: Do I need to file for any kind of custody in Maryland since their dad passed away a year ago?

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

Mark Oakley
Mark Oakley
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.

1 Answer | Asked in Bankruptcy, Divorce, Family Law and Foreclosure for Maryland on
Q: I need to get into my recently foreclosed house to get my belongings. Wife lives there. We are separated.

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.

Timothy Denison
Timothy Denison
answered on Jun 28, 2023

Make a motion in your divorce case for leave to get your personal items.

1 Answer | Asked in Family Law for Maryland on
Q: If someone marries their step dad after their mother has passed away, is that illegal in the state of Maryland?

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

Mark Oakley
Mark Oakley
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

2 Answers | Asked in Family Law and Immigration Law for Maryland on
Q: So I’m from italy, I am 17 and I came in USA 4 years ago, now I’m going back there to start university but my abusive mo

So I’m from italy, I am 17 and I came in USA 4 years ago, now I’m going back there to start university but my abusive mom doesn’t want to renew my passport and I’ll have to wait till Im 18 but University things are starting now, can I still do something to make her do what she should? (I... View More

James L. Arrasmith
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answered on May 2, 2023

If you are an Italian citizen, you may be able to obtain a new passport from the Italian consulate in the United States without your mother's cooperation. It is important to contact the Italian consulate and explain your situation to them. They may require documentation, such as a birth... View More

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1 Answer | Asked in Family Law for Maryland on
Q: Can my baby's middle name be one letter only on the birth certificate? Thanks for the help!
Scott Scherr
Scott Scherr
answered on Mar 15, 2023

Yes. You can have no middle name, a middle initial, or a full middle name.

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: what does Title 4d motion/request genetic testing results mean?
Mark Oakley
Mark Oakley
answered on Feb 28, 2023

Either parent in a custody/child support case can request paternity DNA testing to prove whether the alleged father is in fact the father of the child. This motion and request is how that is done.

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