Skip to main content
Daniel Valeriano Renart
Avvo
Pro

Daniel Renart’s Answers

5 total

  • Protective Order Valid Across States?

    We all live in MD. I have a custody order that gives me primary custody of my 9 y/o daughter and joint legal custody with her mother. Her mother has weekend visitation. My daughter went out of state to Virginia on a weekend trip with her mom. Duri...

    Daniel’s Answer

    There is a statute that allows a foreign jurisdiction to exercise emergency jurisdiction for the protection of a child. Without seeing the VA order, I would guess that this is what occurred in your case. The VA Order is what is valid at this point and you could rely on that Order. You will want to take affirmative action and meet with an attorney sooner rather than later. Make sure that you take the VA and MD Orders to the attorney so that they can properly advise you on how to proceed. If the VA Order does not expire and allows you not to provide visitation until you get back into Court in MD, then your former spouse will have to take action and file for a modification in MD. Feel free to contact Daniel Renart if you need to speak with an attorney concerning your issues in this case. 301-627-5500

    See question 
  • Do I have to pay child support to a voluntary guardian of my children?

    My husband and I divorced (uncontested) without court-ordered custody of our two children (Final Decree in DE 08/07). We decided to give voluntary guardianship to one of his step-relatives, who agreed to care for the two children (guardianship sub...

    Daniel’s Answer

    The obligation to support a child is not extinguished merely because the children are with a guardian. It sounds like DE has commenced a UIFSA case against you, which is an interstate child support action.
    *********The information provided above is not advice and does not create an attorney-client relationship***************

    Daniel V. Renart, Esquire
    Sasscer, Clagett & Bucher
    (301)627-5500

    See question 
  • The promissory note that I signed is it legal

    My boyfriend and I have been together for almost 10 years we have lived together on and off in the ten year period he paid some money towards the purchase of a used vehicle for me when my vehicle was stolen at his home he wanted me to have a nice ...

    Daniel’s Answer

    A promissory note is essentially a contract and therefore contract law applies.
    The enforcement of a contract depends on the circumstances surrounding the execution of the document. There are various factors that may be very important, such as whether you had the opportunity to review the document before signing, whether you were under any duress, whether you negotiated any of its terms, whether you had an attorney at the time, whether the terms are unconscionable, etc.
    A contract once signed is presumed valid, therefore you will bear the burden of proving a defense that would allow the court not to enforce the promissory note.
    This area of law is extremely tricky and should be handled by an attorney.

    See question 
  • What do i have to do about my husband committed adultery and i do not have any prove?

    the only evident, that i have for my is two people whom are seen and spoken with tose people.

    Daniel’s Answer

    In order to prove adultery in Maryland, a party must prove that the alleged adulterer had the opportunity and disposition to commit adultery. It is unclear from your explanation whether you can prove the disposition of your husband to commit adultery.

    It is usually best to contact an attorney who can refer a private investigator with experience in domestic law related investigations. These private investigators will know what type and how much evidence they need to collect and then issue a report.

    See question 
  • Can i file for an absolute divorce while im still living with my husband? we have 3 children and i have nowhere to go

    my husband is verbally and emotionally abusive,he also threatens me with violence

    Daniel’s Answer

    The grounds for an absolute divorce are (1) adultery, (2) desertion, (3) voluntary separation, (4)conviction of a felony (5) 2 year separation (6) insanity, (7) cruelty of treatment and (8)excessive vicious conduct. Many of the most common grounds for absolute divorce (2 yr separation, mutual and voluntary separation, desertion) require at least one year of separation. The separation required is a physical separation whereby the parties do not reside in the same residence.
    There is a recent case called Ricketts v. Ricketts whereby the Court can address issues of custody and support while the parties are living under the same roof while granting a limited divorce, but this is not the case for an absolute divorce.

    See question