Bruce L Stern’s Answers

Bruce L Stern

Rockville Family Law Attorney.

Contributor Level 5
  1. What recourse do I have against a Family Court Master in Maryland? She overruled a Judges Order.

    Answered over 1 year ago.

    1. Bruce L Stern
    2. David Raymond Mahood
    2 lawyer answers

    Mr. Mahood is correct; a Master cannot overturn an Order signed by a Judge. Masters do not have that authority. It appears that the Judge referred the calculation of child support to the Master who decided not to include the educational payments in the guidelines calculation. It also appears that the Judge then signed an order based upon the Master's recommendation. If the Court's Order was issued within the last 10 days, you may consider filing a Motion for Reconsideration with the...

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  2. What are my options if soon to be ex-husband doesn't want to save the home from foreclosure?

    Answered over 1 year ago.

    1. Jillian K Aylward
    2. Bruce L Stern
    3. Dean George Tsourakis
    3 lawyer answers

    If you haven't already, you may want to consider filing for divorce. As part of a divorce proceeding you can get temporary alimony and child support while the case is pending which can help you pay your bills and, possibly, the mortgage. A family law Judge is not going to be too happy to hear that your husband is purposefully letting the house get foreclosed upon for strategic reasons if you have minor children living in the house. You should also talk to a bankruptcy/foreclosure...

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  3. Neither one of us has custody of our five year old daughter and her mother plans on fleeing this weekend. If I let her know ahea

    Answered over 1 year ago.

    1. Richard D. Lebovitz
    2. Bruce L Stern
    3. David Raymond Mahood
    4. Christopher Daniel Leroi
    4 lawyer answers

    Both you and the child's mother have equal rights with respect to the child if no court order has been entered with respect to custody. Although you state she is "fleeing" the state with the child, she is allowed to leave Maryland with the child absent a court order awarding you custody. You should immediately file a complaint for custody with the court. Note that family law cases do not move through the system quickly and it may be a while before you actually go to trial. Once the child's...

    3 lawyers agreed with this answer

  4. Can a consent order signed for sole-custody to the mother be altered by the non-custodial claim?

    Answered over 1 year ago.

    1. Bruce L Stern
    2. Sarah Ilyas Malik
    3. Jeffrey P Nesson
    4. A J. Williams
    4 lawyer answers

    As noted by the other responding attorneys, if a Maryland court issued an order granting you sole physical and legal custody of your child, the father will have to file a Motion to Modify Custody in Maryland. He cannot file the case in New Jersey or anywhere else, he will have to file it in Maryland. That would require multiple court appearances for him here. If he files a Motion to Modify, he would have to prove to the Court that it is in your child's best interest that he be awarded...

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  5. What are my rights in Maryland.

    Answered about 2 years ago.

    1. Bruce L Stern
    2. David Raymond Mahood
    3. Jack Richard Lebowitz
    3 lawyer answers

    As the other two attorneys have explained, termination of parental rights is a serious issue and your wife cannot force you to relinquish those rights or compel you to have your daughter’s name changed. You can, however, voluntarily relinquish those rights and consent to the name change, but that does not appear to be something you want to do. In some cases, parents who have not been involved in their child’s life may consent to this or agree to a step-parent adoption of their child. As...

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  6. Does primary care giver play a big part in custody ?

    Answered 8 months ago.

    1. Jeffrey B Henry
    2. Evan Michael Koslow
    3. David Raymond Mahood
    4. Bruce L Stern
    5. Pawnee A. Davis
    5 lawyer answers

    Judges are very smart people and they can usually discern why people do certain things such as seek primary physical custody only after the other parent files for child support. That being said, there may be a whole host of reasons why your child's father is only now seeking custody. You have posted only limited facts and it is impossible to determine what other factors may exist that may influence a judge hearing your case. At trial, the judge will receive testimony from the father and...

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  7. My ex has pending assault, trespass and DUI charges, can I get ex parte custody based on this?

    Answered over 1 year ago.

    1. David Raymond Mahood
    2. Jeffrey P Nesson
    3. Bruce L Stern
    4. Robert Laurens Driessen
    4 lawyer answers

    I agree with the other attorneys that you can file a motion to modify custody but, in my opinion, that may be difficult to win based upon the facts you set forth above. First, from your statement, it appears that your wife has primary physical custody and you have reasonable rights of visitation. If that is correct, and your ex-wife has had primary physical custody for some time, it will make it even harder for you to win sole physical custody of your daughter. If, for example, your ex-...

    2 lawyers agreed with this answer

  8. I am a single mom with a 8 year old daughter.Her father has disappeared for 5 years and has never paid a penny for child support

    Answered over 1 year ago.

    1. Jeffrey P Nesson
    2. Bruce L Stern
    3. Richard D. Lebovitz
    4. David Raymond Mahood
    4 lawyer answers

    I would add to the other postings that you should immediately contact Maryland's Office of Child Support Enforcement and file a complaint for child support. The link to OCSE is provided below. You can only obtain child support for the period after you file a complaint for it. Thus, you can't obtain child support for the last five years, but, once you file, you are eligible to collect child support from your child's father. By way of example, if you file for child support on September 1,...

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  9. I am seeing someone while going through my divorce, will this prevent me from gaining 50/50 custody of my children?

    Answered 12 months ago.

    1. David Raymond Mahood
    2. Bruce L Stern
    2 lawyer answers

    Under Maryland law, when a Court awards custody it makes its decision on what it determines is in the best interest of the child. In making this decision, the Judge will look at a variety of factors, including your living arrangement. The fact that you may be living with your boyfriend will not preclude the Court from ordering 50/50 shared custody, but it will be one of many factors the Court will consider. If your husband is seeking sole physical custody of your daughter, he may argue...

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  10. If I am owed a sizable amount of child support, can I file for sole custody?

    Answered over 1 year ago.

    1. David Raymond Mahood
    2. Paula Jeanette Mcgill
    3. Bruce L Stern
    4. Jeffrey P Nesson
    4 lawyer answers

    With respect to the issue of the past due child support, you should contact the Maryland Office of Child Support Enforcement. They will help collect the child support due you. It is a state agency and there is no charge to you for their services. With respect to your concern about the life insurance money if something happens to you, you should have a will prepared. In the will, you can create a health, eduation and welfare trust for your son's benefit and provide that a portion of your...

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