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Maryland Family Law Questions & Answers
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... View 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... View 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)...
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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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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.

1 Answer | Asked in Family Law for Maryland on
Q: If my mom has a POA for her significant and her current mental state requires me to assume a POA for her what happens?

Does my POA cover for both or will I have to figure out how to get one for her significant?

Mark Oakley
Mark Oakley
answered on Aug 20, 2021

No. The POA naming you as attorney-in-fact for your mom does not authorize you to act in her place as the attorney-in-fact under another person's POA. In the absence of the significant other's ability to designate another agent to act, it will be necessary to petition the court and be... View More

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: I’m legally married but had a child with another man. The other man is taking me to court. Can my husband,

Yet we are separated do anything legally to prevent the child with going with the other man. We are in md

Mark Oakley
Mark Oakley
answered on Aug 17, 2021

A child born to a married woman in Maryland is presumed to be the child of the husband. The actual biological father would have to petition to establish paternity through a blood test. Custody and visitation is a separate matter decided upon by the court. Once paternity is established, the... View More

1 Answer | Asked in Family Law for Maryland on
Q: Should I start the process of emancipation?

The reason why I ask this is that;

~ They have emotionally and mentally abused me

~ Refuse to help me when it comes to the subject of mental health

~ Have neglected me on multiple things, not just the basics

~ Are preventing me from working even though they have told... View More

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Jul 5, 2021

Emancipation is a very personal thing and should not be taken lightly. There are certain barriers to emancipation such as the need to have a prior child custody case. If you are being abused and/or neglected and you are a minor, it is a good idea to reach out to your local Department of Social... View More

1 Answer | Asked in Family Law for Maryland on
Q: When a former law partner of the judge tries a case in front of them, isn't this fraudulent?
Mark Oakley
Mark Oakley
answered on Jun 26, 2021

The question is not one of fraud, but of ethics and bias, or the appearance of bias, which would require the judge to recuse themselves. Such decisions are left to the judge, but a party may raise the issue by motion, asking the judge to recuse themselves. The party doing so has to weigh the risk... View More

2 Answers | Asked in Family Law and Child Support for Maryland on
Q: Looking at going to a Tech school to get certified so I can get a better job, what happens with my child support?
Mark Oakley
Mark Oakley
answered on Jun 26, 2021

If there's a court order directing payment of child support, it remains in place until one of the parents files a motion to modify it, based on a change of circumstances. So, unless that happens, and the court makes a modification based on the motion, then nothing changes. If the other... View More

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2 Answers | Asked in Family Law for Maryland on
Q: Can I use audio recordings in a case against someone?

I want to be able to use audio recordings as evidence in my case against my family whenever I get the chance to get them to court. I'm not sure if what I collected is illegal due to the fact that the people in the recordings did not know that I was going to record it.

Scott Scherr
Scott Scherr
answered on Jun 16, 2021

Maryland is a two party consent state. This means that you need the consent of all parties to record a conversation where there is an expectation of privacy or it is a crime.

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