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Maryland Family Law Questions & Answers
1 Answer | Asked in Divorce, Family Law and Child Support for Maryland on
Q: how can I get my driver's license renewal suspended by child support
Elizabeth Pugliese
Elizabeth Pugliese
answered on Sep 15, 2020

I presume you are asking how to get your driver's license back after being suspended by child support enforcement. The easiest way is to make a payment on the child support owed. Pay the child support and continue to make payments to keep your license from being suspended again. If you... View More

1 Answer | Asked in Family Law for Maryland on
Q: My wife and I have been married for 6years. She was a divorce and is trying to put me out. Can she do that?

I've contributed finally to the apartment with rent and utilities. My name isnt on the lease

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Sep 10, 2020

I suggest you contact an attorney for a consultation to discuss your rights to the apartment and your responsibilities for the rent and utilities. It is a marital home but your name is not on the lease so there are some special issues there.

1 Answer | Asked in Adoption, Child Custody and Family Law for Maryland on
Q: Can the biological father of a child that’s been adopted has a way to be in the child’s life?

The father had no idea that his daughter was being put up for adoption cause he was incarcerated

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Sep 9, 2020

If the father has been released, he can petition the court for access. It is unclear from the facts whether he will prevail or not. Either way, it is not something that I'd recommend he should take on by himself, he does need counsel.

1 Answer | Asked in Family Law for Maryland on
Q: Proposed orders

I had a child custody hearing do I follow the new proposed orders or do I continue to follow court orders that were in place until signed by a judge and sent to me? In Maryland Ordered my magistrate I do not agree with orders

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Sep 9, 2020

Unless exceptions have been filed, you and the other parent can follow the new orders entered by the Magistrate.

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: Im 22 (m) and my mom wants to divorce my step-father. Is there any legal way to have him stay as my step-father?

He has helped me through high school and college now and has been very beneficial to my life. Now my mom is deciding to divorce and I'm about to lose my step-father, but I don't want to. I love my step-father a lot.

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Sep 1, 2020

You are old enough to have a relationship with your step-dad without any court involvement. You are also old enough to make a decision as to whether you want to reside with him--it is no one else's decision but yours.

1 Answer | Asked in Family Law, Domestic Violence and Probate for Maryland on
Q: If someone is under legal adult guardianship in one state and living in another, which state do I contact APS in?

If I need to contact Adult Protective Services for someone in an abusive adult guardianship situation, should I be contacting them in the state the person is living in or in the state of jurisdiction for the guardianship?

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Aug 30, 2020

To be safe, I think you should contact both. There is no penalty for doing so. Especially if you believe that this person is being abused in some way.

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: If a married couple separate and break their lease can they split the balance?
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Aug 25, 2020

Yes, that is always a good idea. That way one person does not feel as if he/she is carrying the responsibility of the debt. Make sure to get a receipt or confirmation of payment. Please keep in mind that if both of your names are on the lease, you are both jointly liable for the balance. So, if one... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: (MD) Child support filed on father not on birth certificate. Does the mom need to file for sole custody in family court?

Child support was filed with the state. The Mom was advised because paternity will now be legally established, sole custody should be filed with family court as well.

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Aug 18, 2020

Without knowing the exact facts of the case and all parties involved, if that is the advice that she received, then she should follow it. You are correct in that a paternity action must be filed. Once paternity is established, mom can file for child support and custody. Good luck!

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1 Answer | Asked in Family Law and Child Support for Maryland on
Q: What do I do if my child support arrears are paid off, but it's not reflected?

My taxes were applied to my child support arrears this year, as was my stimulus check of $2200. After those payments my arrears should have been paid off, but it's not showing up. I spoke with someone and only my state taxes have cleared, even though I filed my taxes at the end of January.... View More

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Aug 8, 2020

You should contact the Office of Child Support Enforcement in your County/City as soon as possible. Please keep in mind that things are a bit slow because of COVID so there may be limited staffing.

1 Answer | Asked in Family Law for Maryland on
Q: I have the questions I have no abuse or substance abuse issues when child was in my care

My baby mom give our child cps I was incarcerated so my mother got my child as care giver...cps check my home in every thing I had the baby at 8days old until 3 now she 2... because her mother didn't want her...I don't understand y my mom holding me back from having my child she was fine... View More

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Aug 6, 2020

From the information you provided, I suggest you contact an experienced family attorney in your area who has gone against CPS in the past.

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: I live in Maryland, is there a statute of limitation on when adultery took place as to when you decide to get a divorce?

I have texts, emails, and pictures to prove that my spouse had the opportunity and willingness to have an affair. The event took place 5 years ago and we have tried to reconcile but we are now to the point where she has left the residence three weeks ago. Our two sons (15 and 12) have remained at... View More

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Aug 6, 2020

Usually when there is adultery, you qualify for an absolute divorce with no waiting period. However, there are defenses claiming adultery. For example, your spouse can say that you forgave it or you condoned it because of your actions/words (you said I forgive you, you resumed the marital... View More

1 Answer | Asked in Family Law, Child Support, Civil Litigation and Civil Rights for Maryland on
Q: Questions lawyer asked for

questions

Have you parenting classes

Have you completed anger management classes

Are you enrolled in substance class

Are you working how can n you provide for child

What are your daycare plans

Who can help you in case of emergency with child

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Aug 6, 2020

These are discovery questions. They will help the attorney prepare their case. You should not ignore them simply because you do not understand them. If you fail to respond, the other attorney may file sanctions against you and ask the court to prevent you from entering evidence to prove your case... View More

1 Answer | Asked in Domestic Violence and Family Law for Maryland on
Q: What happens if both you and your abuser file restraining orders

My spouse/ abuser filed a restraining order before I had a chance to

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Aug 4, 2020

There will be a protective order hearing where the person who filed will have to present their case and the person accused will have an opportunity to defend him/herself.

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: What action can I take?

My sons' are 9 and 12. They refuse to go back to their Father's house. We have 50/50 custody, but no schedule agreement filed with the court. After taking several comments from them out of context, my ex husband bagged up all their belongings from the house he shares with them and dropped... View More

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Aug 1, 2020

Given the limited facts above, I am unclear what you mean about 50/50 custody but no schedule agreement. If you are saying that there is no court order or involvement, then I'd wait and see if the matter blows over. Humans are complicated especially with emotions involved so this may just blow... View More

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: If a father of a child isn’t on the birth certificate in Maryland does he by law have to pay child support ?

Long story short the mother of the child didn’t know who the father was when she was pregnant and gave birth. She now has my significant other on child support and Denise him his rights to see his son. In a way it looks as if she doesn’t want the father to be part of the child’s life. She... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on Jul 31, 2020

Whether or not he is on the birth certificate is irrelevant to his obligation to pay child support. If the child is his, he is legally obligated to support the child. If he would like a relationship with the child, he can file a custody matter where he asks for access. The mother cannot deny... View More

1 Answer | Asked in Family Law for Maryland on
Q: When I get married, I may want to wait to change my name. How much time can I wait after marriage to change my name?
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Jul 30, 2020

You can change your name at any time, there is no set time requirement. However, you must not change your name for an illegal purpose such as evasion of creditors.

1 Answer | Asked in Family Law for Maryland on
Q: How does one file an amended affidavit of service without a copy of the original affidavit of service?
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Jul 30, 2020

You can obtain a copy of the original affidavit from the court.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Maryland on
Q: So I'm 17 and have been living with my grandparents for the past 5 years and they treat me very badly.

They've taken away all my rights and are an abusive like stage when they drink (every night). I'm not sure if I can make it to 18 with them like this and I honestly dont know what to do. I dont want to get involved with CPS again and I cant live with my mom as of now. My boyfriends... View More

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Jul 30, 2020

Assuming that your grandparents have custody of you through a legal proceeding, to become emancipated (which will allow you to make your own decisions) you will have to file a petition for emancipation in the same custody case. There is no guarantee that it will work but I suggest that you contact... View More

1 Answer | Asked in Family Law for Maryland on
Q: If a man gets a married woman pregnant in Maryland, who is responsible for baby, biological dad or husband?

Would pay support; she is trying to force me to take care of/be a part of the child's life. Told her at 4 weeks of pregnancy didn't want, we always used condoms. She said she was keeping the child and would take care of herself. She is separated from her husband, and has 3 different... View More

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Jul 30, 2020

In Maryland there is a presumption of paternity when a woman is married. As a result, her husband will have to overcome this presumption and if successful, (which he will most likely be based on your stated facts), mom can/most likely will go after the birth father for an establishment of paternity... View More

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: Arrears were adjusted without my knowledge over $20,000 is that allowed in the state of MD
Diana Valle
Diana Valle
answered on Jul 16, 2020

You should have been notified. There should have been a filing with notice served to you. I do not practice in your state so I recommend that you speak to a local attorney.

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