Carlos Mariano Lastra’s Answers

Carlos Mariano Lastra

Bethesda Divorce / Separation Lawyer.

Contributor Level 9
  1. Can the custodial parent have the non custodial parent ordered to drug and alcohol testing before each visit?

    Answered over 4 years ago.

    1. Carlos Mariano Lastra
    2. Okiemute C Whiteru
    2 lawyer answers

    If there is sufficient proof to prove by a preponderance of the evidence that conducting such tests before each visit are in your child's best interests the Court may order that done. You would have to file a Petition with the Court making that request, meet the necessary burden of proof, and argue to the Court why its in your child best interests. If there is already an Order in place, you would have to modify it upon the showing of a material change of circumstances.

    2 people marked this answer as helpful

  2. Would a house/property be considered joint property if it was in husband's name before marriage?

    Answered over 4 years ago.

    1. Carlos Mariano Lastra
    1 lawyer answer

    The house was clearly pre-marital by title. The key is whether there were any marital contributions made to the home that would make it partially marital, such as improvements or mortgage payments made using funds earned during the marriage. While it was legal for him to transfer the house to his father, the important element is what claim do you now have, if any, to proceeds of insurance, for loss of any marital component to the home.

    1 lawyer agreed with this answer

  3. Can I get a divorce under the grounds of adultery?

    Answered over 4 years ago.

    1. Carlos Mariano Lastra
    1 lawyer answer

    Any evidence you may secure must establish by the greater weight of the evidence (i.e., preponderance of the evidence) that adultery occurred. Direct evidence of the carnal act is not required and does not have to be witnessed. In other words, circumstantial evidence of adultery is sufficient. However, proof by circumstantial evidence does require that you prove that your Husband and the paramour had both the opportunity and disposition to commit the offense. Examples of opportunity would...

    1 person marked this answer as helpful

  4. Dad assaultedmewhile drunk. Already wasInjured recovering from Operaioinwill that help me in court i mean i still in PysicTHEAr

    Answered over 4 years ago.

    1. Carlos Mariano Lastra
    1 lawyer answer

    You may file a Petition for a Protective Order. See the link below for additional information and how to do so.

  5. Question about courts

    Answered over 4 years ago.

    1. Carlos Mariano Lastra
    1 lawyer answer

    The Judge does not have the authority under Maryland law to order the purchase of birthday or holiday gifts for a child.

  6. Can a male parent be sued for child support even when he does almost everything i.e school supply, clothes, toys ,school uniform

    Answered over 4 years ago.

    1. Carlos Mariano Lastra
    1 lawyer answer

    A male parent may be sued for child support even given the facts in your question. The key to answering your question is how much in child support may the parent be sued for. The most significant factors in determining an amount will be the incomes of the parents as well as the amount of overnights the child spends with each. Considering incomes, if the combined income is less than $10,000 monthly then a straight calculation from the guidelines determines the amount. A link to the...

  7. Question about legal custody???

    Answered over 4 years ago.

    1. Carlos Mariano Lastra
    1 lawyer answer

    After service, your next court appearance will be at a scheduling conference. This typically is set within a 30-60 day time period, making sure the Court does not ignore the setting of this date. At the scheduling conference, depending on the amount of time it will take to present your matter, including call witnesses, admitting documents, presenting argument, etc., as well as the discovery period (time when you can take depositions, issue subpoenas, etc., in preparation for trial) needed...

  8. Hi my son has this bio father last name,I would like to change it???

    Answered over 4 years ago.

    1. Carlos Mariano Lastra
    2. Okiemute C Whiteru
    2 lawyer answers

    You may file a Petition for Name Change. The Petition must be served on the child's father consistent with Maryland rules and the father may file an Objection to the name change. After the requisite time period, the Court may then have a hearing on your Petition or rule on the papers. At the hearing you can present the reasons for the name change. In your Petition you will have to request the Court to keep your address secret from the father of your son and have a good basis to do so -...

  9. My income has increased within the last year. my ex is voluntarily under employed. how do i keep the child support the same?

    Answered over 4 years ago.

    1. Carlos Mariano Lastra
    2. Okiemute C Whiteru
    2 lawyer answers

    If you have not done so already, you should consider running some child support guideline calculations to get a handle on the amounts you may be looking at. Obviously, how much your income has increased will be a factor, but it should not be a dollar for dollar increase. In addition, your payment of medical insurance for the children should be credited to you in the calculations. If your ex is found to be voluntarily under employed by the Court, the Judge may impute income to him consistent...

  10. My sister needs to divorce her husband who's out of the country since 2002 and can't return.

    Answered over 4 years ago.

    1. Carlos Mariano Lastra
    2. Mark Kotlarsky
    2 lawyer answers

    Your sister may file for divorce if grounds exists under Maryland law, such as adultery, desertion, voluntary separation, two year separation, cruelty of treatment, and excessively vicious conduct, etc., as defined by the Maryland code. The length of time they have lived separate and apart would effect, with exception to adultery, whether she could file for a limited or absolute divorce. She does not need his consent to a divorce once a valid ground exists which she can prove. Her husband...

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