Judith Adrienne Gillett’s Answers

Judith Adrienne Gillett

Prince Frederick Child Custody Lawyer.

Contributor Level 8
  1. I am going though a divorce and my soon to be ex is trying to get the car from me that he co-signed on.

    Answered over 3 years ago.

    1. Judith Adrienne Gillett
    1 lawyer answer

    Because the car is jointly titled, you each have equal rights with respect to it. If it was purchased during the marriage, it is considered marital property, and thus subject to equitable distribution by the divorce court. As a practical matter, however, this very rarely happens for the following reasons: 1) in my experience, about 90% of divorce cases settle prior to trial, and ordinarily the party driving the car keeps the car as a part of the agreement; 2) most cars have little to no...

  2. Does my husband have to pay child support

    Answered over 3 years ago.

    1. Keith R Havens
    2. Judith Adrienne Gillett
    2 lawyer answers

    Basically, the only sure-fire way to permanently extinguish a current and/or future obligation to pay support for your minor child(ren) is if the child(ren) are adopted by another person (this also terminates various other rights and obligations, such as inheritance rights, etc.) This is true even if another individual has court-ordered residential custody of the child(ren), or de facto residential custody. When you state that the new husband has "custody" I assume you mean that the children...

  3. Paternity

    Answered over 3 years ago.

    1. Patrick Joseph Crawford
    2. Judith Adrienne Gillett
    2 lawyer answers

    I agree with the above advice, but would add the following -- you should not wait to begin child support proceedings. The court has the ability to backdate child support payments to the date the petition is filed, which means that your ex could be required to pay you back-support payments for the period of time between when you file, and when the court enters a support order. This is particularly important in your case, as it is obvious from your question that your children are close to the...

  4. Child support

    Answered over 3 years ago.

    1. Judith Adrienne Gillett
    1 lawyer answer

    You can file in either the county where you reside, or the county where the defendant resides. Generally speaking, I encourage clients to file in their own county, for convenience sake. You may wish to contact the Office of the State's Attorney for Cecil County (try googling it, as many now have webpages). Often in small counties the SAO handles child support enforcement and does so on your behalf at no cost to you. I believe there may be a nominal fee ($25.00 - $50.00) paid as a on-time...

  5. Child support case

    Answered over 3 years ago.

    1. Judith Adrienne Gillett
    1 lawyer answer

    By "moved to Delaware" do you mean moved to Delaware for collection purposes only? It is likely that the local bureau of support enforcement transferred the case to Delaware to collect the support, but that the actual case itself remains in Maryland for future litigation purposes. You can check to see if your case is still in Maryland by going to www.courts.state.md.us, then click on the "search court records" button on the left side of the page. Follow the links and you will be prompted to...

  6. I been convicted of cds w/intent. I did time for the charge and was wondering if I can get it off my record to pursue my career?

    Answered over 3 years ago.

    1. Marc Gregory Snyder
    2. Abraham Fernando Carpio-Gonzalez
    3. Judith Adrienne Gillett
    3 lawyer answers

    While I concur with the advice you have been given thus far, I would advise you to call Larry Lamson on Main Street in Prince Frederick. His number is 410.535.1900. He's a retired judge who has been practicing criminal defense in Calvert County for decades. He knows all of the prosecutors, and is well-versed in the general approach(es) of the local judges. If your case is worth pursuing, he'll tell you. If not, he'll tell you that, too. He does not charge for consultations, I believe....

  7. I have been given a severage package. At the termination meeting, the HR rep told me to write what i was being offered down

    Answered over 3 years ago.

    1. Judith Adrienne Gillett
    2. Nicholas M. McLeod
    2 lawyer answers

    The HR representative's reluctance to provide you with a copy of a written list of the employer's offer/obligation(s) to you in the agreement strikes me as rather strange, and you are wise to view this behavior with some suspicion. Without more information, though, it is difficult to ascertain her motives. Is she a colleague whom you would consider a friend, and perhaps was trying to protect you in the event that the employer later denies or refuses to follow through? Were you being fired,...

  8. 14 year old son wants to petition courts to change physcial custody from mother to father.

    Answered over 3 years ago.

    1. Thomas E Mulinazzi
    2. Judith Adrienne Gillett
    2 lawyer answers

    If you file a motion to modify custody, you will need to establish a "material change in circumstances." Your son's desire to change residences normally will suffice. Another alternative you could consider, instead of filing a motion to modify custody, would be filing a petition to cite the other party with contempt. This is usually done via the issuance of a show cause order. In Calvert County, if you file a motion to modify custody, you will be sent to mediation as a matter of course, and...

  9. Ex girlfriend is on the deed to my house. She is not on the mortgage. I currently live in house. What are her rights?

    Answered over 3 years ago.

    1. Keith R Havens
    2. Judith Adrienne Gillett
    2 lawyer answers

    Your question left me wondering why your ex was willing to pursue an action to have her name placed on the deed of a home with no equity. Was there equity at some point that has now been dissipated through refinancing or home equity lines of credit? Was she made aware of this? If she had a reasonable expectation that the property had value, and its value was diminished without her knowledge, you may want to seriously consider consulting an attorney. That being said, people (especially in...