Maryland Family Legal Questions

If you have proof that you have made several efforts to get in touch with him, then you should have nothing to worry about.  This will prevent him from being able to lie to the court and say that you denied him visitation.  If he is alive but continues to stay out of the picture for another six months or so, then you may have grounds to modify custody. Whether this would be worth the effort depends on the frequency of his visitation rights under the current child custody order.  For instance, if his visitation is not on a set schedule, but rather simply from time to time as you both may agree, then it would make no sense to go back to court because he already has the minimum.  If, on the other hand, he is entitle to every other weekend plus a day or two during the week, then you would be within your rights to claim that his absence is a material change in circumstances justifying even less visitation.  Along these lines, if he is out of the picture due to a drug addiction, or something else that could potentially pose a threat to your child if the father were to exercise visitation rights, then you may want to seek to modify the visitation so that it is supervised. In sum, if he does not already have the minimum (reasonable visitation from time to time as agreed), or if he has done something that would raise a red flag as to your child's health, safety and well-being, then you may want to discuss the matter further with a Maryland Child Custody Lawyer.... Read More

You will need a competent and aggressive attorney that will go after your ex for child support. We go the extra mile for child support and child custody cases. Last case we had in MD was a child support and alimony case where we had to get $400,000 from the rich ex that was always getting away from paying his rightful share to his kids and ex wife. We were able to recover half, which is what he had anyway. We can certainly assist you. Feel free to give us a call for a free consultation. Thank You. Toll-Free 1-877-866-8665 // Child Support Lawyer in MD.... Read More

Yes you have legal rights. Your ex-has violated the court order and you should make sure you get your half along with whatever else the court gives you as for him defaulting in his part of the deal and following into contempt. Feel free to give us a call for a free consultation. Thank You. Toll-Free 1-877-866-8665 // Family Lawyer in MD.... Read More

Are you on the child birth certificate? How old is your son? Parental Kidnapping occurs when there is a custody established in court for the kids. However, as a parent, anyone can travel with the child anywhere so long it's not endangering the child or its wellbeing. If you feel the child is in danger, you need to contact the Police. If it's a domestic dispute and she ran away, you need to file an emergency motion to locate the child and establish custody. Please contact an attorney to work with you. Many attorneys will ask for an upfront payment of $3,000.00 Please keep in mind that not all lawyers are same. Therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in MD.... Read More

Based on the information that you have provided, if the child's mother is deceased and there is no court order in place granting custody of the child to someone else, your son has the authority to appoint a guardian or custodian of the child while he is unavailable.  If the child has been living in West Virginia for 6 months, West Virginia is the "home" state of the child for custody purposes.  You will need to retain a West Virginia attorney to assist you in the custody case filed by the maternal grandmother.  However, if there was a custody order in Maryland and your son continues to reside in Maryland, Maryland may have continuing jurisdiction over the custody of the child.  It may be possible to have the West Virginia case dismissed and then custody could be determined in the Maryland court.  I practice exclusively in Maryland so I cannot comment on the West Virginia custody matter.... Read More

You state that the child is a "9 month year old."  If the child is 9 years old and there is a currently existing custody order or agreement, you will need to modify the existing custody order and/or agreement.  A modification is different from an initial order of custody if the other parent has been involved with the child even to a limited extent. If there is not an existing agreement and/or custody order, you should file a complaint for custody with the court and ask that you be awarded primary physical custody of the child.  You should also ask that the court determine an appropriate parenting access schedule for the father.  You should explain in your complaint that your husband is in the military and that you anticipate that he will be stationed in California when he returns from deployment and that you and the children will need to move there to be with your husband.  You may also want to ask for sole legal custody if you and the father of the child have not been working together toward co-parenting and it will be difficult being so far away.  Finally, you should ask for child support if the father is employed. Generally, the court takes into account the best interest of the minor child when awarding custody.  The court is also interested in protecting the parenting access of the non-custodial parent in order to foster the continuing relationship with the child.  If the father has not been involved with the child as you mention, he may just be allowed parenting access if he comes to California to visit the child.  If he has been involved, the court may order that the child return to Maryland periodically to have access with the father, such as during the summer.  You may be ordered to pay for the travel for the child to have access with the father, the travel expenses may be divided between you and the father, or any child support award may be reduced to take into account the costs of travel for the parenting access with the father. Based on the facts that you have provided, it is likely that the court would allow you to move with the child to accompany your husband to his duty station.  It is certainly in the best interest of your unborn child that you will be having with your husband that you and that child live with your husband. I would strongly recommend that you contact an attorney who is experienced in child custody matters to assist you.  The complaint for custody form can be found on the Maryland Judiciary website under Family Law Forms, along with a short form financial statement that should be filed with the complaint if you are asking for child support. ... Read More

Your question seems to involve both child support and child custody.  You can apply to the Department of Social Services to recalculate the appropriate amount of child support based on what you perceive to be a change in the income status of both parties.  You and the mother will be required to provide certain documents to prove your respective incomes and the amount paid for the child's health insurance and any other items that may be a factor to consider, such as private school or medical expenses for the child in excess of $100 per month.  You may not need an attorney if both of you are employees and receive W2 or 1099 wages.  If one of you owns a business, it may be advisable to have an attorney to represent you. With regard to the change in living arrangements, if the mother is in agreement to the change in living arrangements you may be able to draft a simple agreement, but it is often a good idea to at least have an attorney review the draft agreement to make sure that you have the appropriate language and to point out any issues that might need to be addressed for the court to approve the agreement.  If the mother is not in agreement, you will need to hire an attorney to assist you to prove that the change in living arrangements is in the best interest of the minor child.  Another option that you might consider is to see if the mother will agree to participate in mediation to try to work out the details of a change in the custody arrangement. The cost of filing to recalculate child support is very minimal.  Hiring an attorney to represent you in the child support and/or custody matter will depend on your location and the complexity of the case.... Read More

You probably qualify. Here is a link to the MD Stae court site which describes procedures for obtaining a marriage license. Assuming you meet the criteria as decribed in the licensing process, you should have no problem in obtaining a license and with going through a civil ceremony memorializing your marriage. http://www.courts.state.md.us/clerks/queenannes/marriage.html... Read More

And has a statute which outlines 12 factors that a judge must consider in whether or not to word alimony. The length of the marriage per case law is considered to be a very important and relevant factor. You have a very short marriage and your incomes are fairly equal. It is unlikely that she will have to pay any alimony at all. It is important that you consult with a lawyer and seek advice as to the particulars of your case in order to receive more specific guidance.... Read More

Tough situation. If you fire him, you will be asking the court to appoint another attorney. You can try this. State your concerns in writing to the attorney and request a sit down. If he doesn't respond, or does not address your concerns, you can deliver the letter to the judge. Sometimes people just dont get along with their attorney. If the judge beleives your request is reasonable you may get new counsel. IF he thinks you and your family are the cause of the problem, things may get worse for you. ... Read More

there is no such charge as harboring a minor. there is a charge for harboring a fuguitve. this doesnt sound like a criminal case or one that the police will want to arrest dad for. It coudl be a custody order violation but dad has a defense if the kid won't go back to mom. this should be worked out by teh family without police or courts.... Read More

Do you have a support order?  Your support order should specify how unreimbursed medical expense are handled.  You also have the right to get a copy of the medical insurance plan book, which should allow you to verify the information.  If you have a copy of the insurance cards (which you also should have), you should be able to call the insurance company to get that information as well.... Read More