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Vance R Redmond
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Vance Redmond’s Answers

150 total


  • How likely is it that my ex wife can get joint or sole custody of my 3 children?

    My ex wife filed for absolute divorce almost 5 years ago. She wrote her own divorce decree and voluntarily gave me physical and sole custody with a visitation agreement she could commit to as their mother. Now she reopened the case wanting 50% of...

    Vance’s Answer

    The Court can modify the provisions of an Agreement/Order based on the child's best interests. If your ex can prove that: 1.) there has been a material change of circumstances affecting the minor child that has occurred since entry of the last Order, and: 2.) that making a change will be in the minor child's best interests, then yes, the Court could modify any of the provisions of your Agreement/Order related to child custody, child access or child support. But, she has to prove both the material change occurring since the Agreement/Order and that the requested change is in the best interests of the minor child.

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  • Will a judge change visitation agreement just because my ex asks?

    My ex is whining that he isn't getting the interactions he wants when he visits our 1.5 year old daughter. He only started visiting every three weeks when she was 11 months old. We agreed to a visitation coordinator but he's basically blackmailing...

    Vance’s Answer

    Can a judge just throw out our agreement for a visitation coordinator and make up a schedule with no basis other than my ex not being satisfied?
    No, but the Court can modify the provisions of an Agreement/Order based on the child's best interests. If your ex files in court to modify his access schedule and the Court finds that: 1.) there has been a material change of circumstances affecting the minor child that has occurred since entry of the last Order, and: 2.) that making a change will be in the minor child's best interests, then yes, the Court could eliminate the visitation coordinator, eliminate the supervised visits, change the location of the visits, or any other provisions of your Agreement/Order related to child custody, child access or child support.

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  • I have changed my legal name (both first and last), do I need to change name on my car title?

    I have legally changed my name while I was naturalized to be a US citizen. Is it necessary to change my name on my car title? If not, when I later sell my cars, will there be any problems?

    Vance’s Answer

    Yes, you should change the name shown on all of your accounts and important legal documents so there is no confusion regarding your identity.

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  • How do I go about modifying set visitation and joint legal custody to sole legal custody?

    My ex-husband gets our children on Thurs. evening then returns them on Fri. morning to my home. He then picks them up again Fri. evening and has them until Sun.. Fri. mornings are rough for the girls because he lives in Waldorf, MD which is abou...

    Vance’s Answer

    It's true that you'll have to file a Motion to Modify Custody if you want to change legal custody, but the problems you've described go more to a bad access schedule than to legal custody. The schedule is a big part of the problem....has that always been the routine? Perhaps you should discuss with your ex, any ideas you may have for changing the schedule and your concerns about day-to-day parenting before filing in Court. Whatever you choose, you should consult with an experienced family law attorney before filing suit.

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  • What is my first thing I need to do in obtaining a divorce in maryland

    My husband and I have decided to seperate what do we do now

    Vance’s Answer

    I agree that you should consult an experienced family law attorney about how to proceed. Many attorneys provide a complimentary consultation. Tell him/her all the relevant facts about your situation, discuss your goals and ask him/her questions about the process. He/she should be able to tell you what to expect and whether your goals are attainable.

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  • Child custody when the child's father is in another State

    My daughter is 6yrs old and residing with me in MD since she was born 2008. My bf (her biological father) is from Iowa and had visisted her monthly but had stopped visiting her since 2013. We both have signatures on her birth cert. Now I want to h...

    Vance’s Answer

    I agree that his chances of winning custody away from you are very slight, but you'll still need to file for custody in court. When you file you can also ask the court to order the father to pay child support. Once you've started the court case, you'll find out if he truly wants to "fight" you. Custody cases are complicated. You should contact an experienced family law attorney to help you with your case.

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  • Gaining Legal Guardian ship-I want legal guardian ship of my 5 year old nephew.

    His mother does not care for him he has been living with me for the past year. she recently is back to the house since her boyfriend beat her up. She is now moving to Frederick and wants to take my nephew with her she is moving back with boyfriend...

    Vance’s Answer

    You can pursue guardianship or custody, but for a third party to defeat a natural parent, you'll have to show the natural parent is unable or unwilling to provide for their child. Just rom the limited facts you've provided, there is alot of information that suggest you can succeed. However you decide to proceed, you should speak with an experienced family law attorney in Montgomery County, Maryland.

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  • My ex put my cell number under her business plan to write it off but I had access to my account until I started divorce.

    I told her to cut off my number and I stopped using it because she was harassing and stalking me...she said she did but then connected it to herself and answered telling people she is my legal wife and will not allow me the password info to port i...

    Vance’s Answer

    I agree with the previous answers that the Court will not tolerate her bad behavior and that you should discuss this with your counsel, or hire one, but if you've already made a record of your attempts to resolve this informally with your spouse through email, a letter, etc., and Verizon will allow you to transfer the line, I would do so before she damages your business.

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  • Question about split of retirement assets

    In the state of Maryland is the split of retirement assets set by law at 50/50 or is it negotiable and can be set at something different by the parties? Would a judge ever split retirement assets differently than 50/50? The primary assets we hav...

    Vance’s Answer

    The points made in the other answers are all true, but could a Judge divide the retirement assets in a manner other than 50/50, sure. When dividing the marital estate by title won't produce an equitable result, The Court will typically make a monetary award to one party or the other. Prior to making such an award, the Judge has to consider a number of factors, including the following: the contributions of each party, monetary and non-monetary to the well being of the family, the value of all property interests of each party, the economic circumstances of each party at time of divorce, the circumstances that led to estrangement of the parties, the duration of the marriage, the age of each party, the physical and mental health of each party, how and when property was acquired, the non-marital contributions of either party, any award of alimony or use and possession, any other factors. Every case is different, but it's through the application of these factors to the facts of your case that you can start to see whether splitting the retirement assets other than 50/50 is a possibility. Also, there is MD case law supporting the division of retirement assets as of the date of separation rather than the date of divorce. This is another path to pursue if you've continued to deposit funds into your retirement account since the date of separation. In any event, if you think the facts of your case support something other than a 50/50 split, you should consult your counsel, or get a second opinion, and go through the all of the factors considering the relevant facts in your case, before agreeing to 50/50 split. It depends upon the case, but often the amounts being divided are large enough to justify litigating this issue. You should definitely consult an experienced family law attorney.

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  • I have filed for sole physical and legal custody of my daugther. who lives with me, the other party wants to settle out of court

    my daughter has lived with me since birth, i have filed for sole physical and legal custody. But now im being told "why did i file for custody, which i already have"? so Im having the second thought of closing the case and fighting for child suppo...

    Vance’s Answer

    If you simply dismiss your custody case, you will have wasted your time because you'll have to start over again if you and the other party can't agree and you have to file suit. Better to let this case continue. Child support will be addressed as part of your custody case if you have requested it. You should consult an experienced family law attorney about your case.

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