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Maryland Family Law Questions & Answers
2 Answers | Asked in Criminal Law and Family Law for Maryland on
Q: What happens filing a protected order with the commissioner?
Scott Scherr
Scott Scherr
answered on Jun 6, 2022

The Commissioner will decide if there are sufficient grounds to enter an interim protective order. The case will then be scheduled for a temporary protective order in front of a judge. After taking testimony, the judge will decide if there are sufficient ground for a temporary protective order. If... View More

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1 Answer | Asked in Divorce and Family Law for Maryland on
Q: If both wife support and alimony specified in a divorce agreement, which one takes effect?

An agreement has "wife support" section stating a monthly payment to wife while in the same agreement document, the "alimony" section says alimony is waived. Based on the document flow, the alimony section comes after wife support section will override the wife support section... View More

Mark Oakley
Mark Oakley
answered on May 22, 2022

You will need to take your agreement to a lawyer to review. It is not possible to construe the terms based on your summary description. There can be support and maintenance payments by agreement that are not treated as alimony. Alimony has a distinct meaning and set of legal rules that apply to it,... View More

1 Answer | Asked in Contracts, Estate Planning and Family Law for Maryland on
Q: How do I revoke or modify power of attorney? Must the current agent(s) sign or be notified of the new PoA terms?

I'm 23 years old, and my parents have power of attorney over me - I agreed to it at the time, they presented it in a way that seemed reasonable and I didn't realize THAT'S CRAZY. They have both the medical kind (HIPAA permission?) and durable PoA for non-medical stuff.

I... View More

Mark Oakley
Mark Oakley
answered on May 22, 2022

You can revoke at any time in writing. Ideally, you simply create a new POA that revokes all prior POAs. You should send written notice to whomever is named agent under your POA being revoked. That way, if they attempt to act, they are doing so knowing their authority or revoked, which makes them... View More

1 Answer | Asked in Family Law, Arbitration / Mediation Law and Civil Litigation for Maryland on
Q: How can I get receipts

MOM has Alzhiemers. Sister and her Daughter are ones that take care of her.They tell us what they want us to know. They don't show any receipts, paperwork or proof of what they claim they do. Nothing is discussed with our Sister or Myself before Sister makes Decisions. Such things as... View More

Mark Oakley
Mark Oakley
answered on May 21, 2022

Any Maryland lawyer can answer your question. If you are looking to hire a lawyer from Baltimore, that is a different issue. The first question any lawyer would have for you is, does anyone (e.g., your sister) have a power of attorney executed by your mother appointing them as your mother's... View More

1 Answer | Asked in Family Law, Real Estate Law and Cannabis & Marijuana Law for Maryland on
Q: My uncle is the executor of my parents will she is refusing to give me my trust and won't contact me

She is the executor of the will saying he will donate and not give to me I really need help and I really need help getting my trust cuz my uncle is trying to keep it from me and I don't know what to do

Richard Sternberg
Richard Sternberg
answered on May 8, 2022

There is no reasonable way to evaluate your position without reviewing the trust document to determine the trust instructions and, potentially, formation issues and breaches of fiduciary duties. Schedule a consult with a qualified lawyer.

1 Answer | Asked in Family Law for Maryland on
Q: What do I do if I need to sue someone or something but my parents do not support me?
Mark Oakley
Mark Oakley
answered on May 6, 2022

If you are a minor (under 18), then you lack legal capacity to sue in your own name, but require a legal guardian like a parent. If you are close to 18, you can just wait out your 18th birthday. The statute of limitations for filing a lawsuit on a cause of action that accrues before you turn 18,... View More

1 Answer | Asked in Family Law and Elder Law for Maryland on
Q: My sister is a personal guardian appointed by the court for an elderly with dementia- however she is also advancing age

She wants to be relieved from the guardianship - how do you go about it?

Mark Oakley
Mark Oakley
answered on Apr 26, 2022

She files a petition to resign, preferably simultaneously with another appropriate person petitioning to take her place, with the agreement of all other "interested persons" entitled to act as guardian under the statute. If there is no such person, then the court will have to appoint... View More

2 Answers | Asked in Divorce and Family Law for Maryland on
Q: what evidence is required to disprove that a verbal threat was made

I'm in the process of applying for a divorce. My wife received a temporary protective order against me based on her false statement that i threatened her life on three separate occassions. At the court proceedings the judge issued a 12 month permanent order based on my wife's statement.

Mark Oakley
Mark Oakley
answered on Apr 4, 2022

You do not state whether this was a separate court case from the divorce proceeding (e.g., a Petition for Protection from Domestic Violence under its own case number) or whether this 12 month protective order was issued in the divorce action under the divorce case number. The process you would... View More

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1 Answer | Asked in Family Law for Maryland on
Q: I have joint custody of my children. If I think they are being physically abused is it ok for me not to return them to

Return them to their mother until I can get back into court? Can I be arrested for doing this?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 1, 2022

This question really needs to be posed to a family law attorney, in private consultation, who can look at the custody order and listen to the facts related to the possible abuse to see if an emergency petition is in order. Violating an existing court order can indeed cause someone to be held for... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for Maryland on
Q: Can estate executor refuse to sell house to family?

My mother passed and my sister is executor. I want to buy the house and mg daughter my be interested as well. My sister has said I cannot buy the house and my daughter can’t either because she doesn’t think it’s a good idea. The will only states that money from house sale will be split... View More

Mark Oakley
Mark Oakley
answered on Mar 26, 2022

The executor is supposed to sell the house at fair market value to maximize its value to the estate. The executor can sell the house to anyone for that price, or at a lower price if all the heirs who are to receive a share agree. You do not say how many heirs the house is to be divided among.... View More

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: How do I find out what type of custody my grandmother has of my child?

So let's start off with I was at 18-19 at the time. I didn't have a house nor a job unfortunately I was working but then I lost my job due to not being fast enough in a fast food restaurant. Lol "jokes on me" but anyways my grandmother called child protective services on me the... View More

Mark Oakley
Mark Oakley
answered on Mar 24, 2022

A non-biological parent cannot have enforceable legal custody without a court order awarding it. Therefore, look for a court case in your grandmother's name awarding custody to her. Such a court order would have to be issued only by the circuit court in the county where the child resided (or... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Maryland on
Q: Hi I am from Louisiana but recently moved to Maryland I have questions.

I received full custody of my son in 2019 after his dad was arrested for choking him and other things, my son's dad went back to prison in September 2019 for attempted murder on police and has been in there since, sentenced to 14 years. His father has a long record of violent offenses and... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on Feb 23, 2022

Yes you will need his signature. believe it or not, you will have to consent to your boyfriend adopting your son too. There is a process to go though. A good lawyer can guide you through this process.

1 Answer | Asked in Family Law and Probate for Maryland on
Q: My M-I-L passed away and my husband’s siblings have yet to notify him. We found out via a 3rd party. Any rights?

We live in NC. My M-I-L lived in Maryland. Funeral director was informed not to tell us anything. Sister-in-law will not return any messages. What rights does my husband have?

Mark Oakley
Mark Oakley
answered on Feb 20, 2022

Once an estate is opened, it is public record, and all proceedings and filings, including the Will, can be copied and obtained (they are available online, for download, through the Register of Wills' website, which has an estate search option you can search by decedent's name and county... View More

1 Answer | Asked in Family Law and Probate for Maryland on
Q: I am included in someone's will and I don't know how to get what was willed to me. The Executor now acts hostile.

The deceased is my Ex husband who died in Jamaica(1 year ago). I live in the house that was willed to me for 12 years in Baltimore Md. I am 62 on SSi and cannot afford legal help. The Executor is the deceased's grown daughter who gave me documentation of death and the will and now will not... View More

Mark Oakley
Mark Oakley
answered on Feb 11, 2022

You will need to speak with a lawyer and provide more details if you have them. For instance, has an estate been opened, and where? I cannot answer for Jamaica, but in the United States when an estate is opened the will must be filed and it, along with all other filngs in the estate (the... View More

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
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... View 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... View 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... View 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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

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