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Maryland Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: How do I go about getting a custody order that was given in Georgia back in 2017 enforceable in Maryland?
Mark Oakley
Mark Oakley
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

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

Carl Shusterman
Carl Shusterman
answered on May 9, 2023

You may be able to apply for a passport from the Italian Consulate closest to you.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: My son's father owes over $12,000 in child support and refuse to pay. He closed all his bank accounts and quit his jobs.

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

Elizabeth Pugliese
Elizabeth Pugliese
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...
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1 Answer | Asked in Family Law for Maryland on
Q: I am currently taking care of my siblings, but their father recently hinted that he wants to take them. What can I do?

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

Cedulie Renee Laumann
Cedulie Renee Laumann
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

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: What legal actions can I take against my children’s father for neglect and abandonment in Maryland?

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

Cedulie Renee Laumann
Cedulie Renee Laumann
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

1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: If the mother has full custody and she chose no child support, could she still put me on child support at a later date?

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?

Mark Oakley
Mark Oakley
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

1 Answer | Asked in Family Law, Employment Law, Public Benefits and Social Security for Maryland on
Q: My husband died 5years ago he worked for opm when he retired he did not select the spouce benefit for me what can I do .
Mark Oakley
Mark Oakley
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

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 Divorce for Maryland on
Q: I live in MD and have been separated from my husband for seven years with no contact. Can I file for alimony?

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

Mark Oakley
Mark Oakley
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

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.

1 Answer | Asked in Family Law and Divorce for Maryland on
Q: Can a Non-modifiable alimony agreement be changed?
Mark Oakley
Mark Oakley
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...
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1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: Does my baby mother have the right to know my precise location when I have our child if she knows the street address?

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

Elizabeth Pugliese
Elizabeth Pugliese
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

1 Answer | Asked in Family Law for Maryland on
Q: Can I get my fathers name removed from my birth certificate at 16 years old?

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.

Mark Oakley
Mark Oakley
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

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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