Maryland Child Custody Legal Questions

You don't need the court's permission to move, but if you are going to be moving out of State, it is likely that the father will file for a change of custody; then it is up to the court to decide whether your son stays with you or with the father. Something will need to be done, as the visitation dynamic will change if you move.... Read More

I practiced in Michigan and now practice in Maryland. Wherever the visitation order originated (here or in Michigan) you need to file for contempt and writ of habeas corpus to bring the children back here. If the order is a Michigan order, you can file to have it enrolled in Maryland and then file here for contempt and to return the minor children.... Read More

If the child is 18 and has graduated high school, the child is considered emancipated and there would be no child support obligation (even if the child is currently attending trade school). In your case, if your child graduates high school in May, then the support obligation would continue until the child turns 18, at which time the obligation would terminate.... Read More

Dear parent, If you are not married to the father and he is not involved in your life, then you will probably need to establish paternity. Under Nevada Revised Statute 126.051, a man is presumed to be the father of a child if he is married to the mother, if the mother and father were cohabiting for at least 6 months prior to conception and continue to cohabit through the pregnancy, or if a blood or genetic test shows a 99 percent, probability that that man is the father. Nevada Revised Statutes chapter 126 sets forth various other provisions for establishing paternity. Given the facts you provided, you will probably need to file a claim to establish paternity and have the father tested to establish that he is the father. He will be obligated to pay child support when it is established that he is the father.... Read More

Any third party (including a Grandparent) has to show either parental unfitness or exceptional circumstances before a third party can obtain custody. Unfortunately, this is often difficult to prove. However, physical abuse and drug abuse are both factors that a court will consider in determining whether the parties are unfit or there are sufficient exceptional circumstances justifying a custody award to a non-parent. The court will consider what schedule would be in the minor child's best interest if you meet that burden. You should consult with an attorney who has experience in such matters to determine whether the facts of your case are sufficient to pursue a complaint for custody.... Read More