Carlos Mariano Lastra’s Answers

Carlos Mariano Lastra

Bethesda Divorce / Separation Lawyer.

Contributor Level 9
  1. Where should I file for divorce if i live in Germantown MD?

    Answered almost 5 years ago.

    1. Mark Kotlarsky
    2. Anne Debelius Lopiano
    3. Carlos Mariano Lastra
    3 lawyer answers

    You can file in Maryland if you have lived there for more than one year prior to filing for divorce OR prior to that time period if the grounds for divorce occurred in the state of Maryland. For example, you moved to Maryland with your spouse and then your spouse deserted you, or committed adultery, etc. You can look at the following website: http://www.montgomerycountymd.gov/ciatmpl.asp?url=/content/circuitcourt/index.asp.

  2. Can I get a restraining order against my mother who exhibits obsessive behavior?

    Answered almost 5 years ago.

    1. Carlos Mariano Lastra
    1 lawyer answer

    In order to secure a protective order against your mother, you would have to prove that she had committed some form of abuse as defined by Maryland law. This is defined as an act causing serious bodily harm, an act placing you in imminent fear of such an act, assault, false imprisonment, rape or stalking. A temporary order, which typically lasts about seven days, could be secured upon a showing that reasonable grounds exist to support that abuse had occurred. For a Final Protective Order...

  3. What do judges take in to consideration when modifying child support?

    Answered almost 5 years ago.

    1. Carlos Mariano Lastra
    1 lawyer answer

    Judges can take into consideration what the individual is capable of making, and use that amount for purposes of calculating child support, if the Court finds that they have voluntarily impoverished themselves. In other words, he voluntarily lowered his income.

  4. What rights does theRidgely new spouse have regarding a minor child that was from the other spouse's previous marriage?

    Answered almost 5 years ago.

    1. Carlos Mariano Lastra
    1 lawyer answer

    You may petition the Court to appoint you Guardian of the child by filing a Guardianship action in your Circuit Court. Once appointed guardian, you could complete the actions you describe.

  5. How can the custodial parent file for the non custodial parent to lose parental rights in the state of Maryland?

    Answered almost 5 years ago.

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

    You would have to file a Petition with the Court requesting sole legal and physical custody of the child. If there is already an Order in place, you could request a further modification of the Order upon a showing of a material change in circumstances since the entry of the last Order. The Court would then order access, or none, consistent with the best interests of the child. Either party would have the right to request a modification upon such a showing.

  6. Can issues concerning minor children be resolved before going to court by parties in an uncontested divorce?

    Answered almost 5 years ago.

    1. William C Wood
    2. Carlos Mariano Lastra
    3. Okiemute C Whiteru
    3 lawyer answers

    Yes. In addition to utilizing attorneys and/or mediators provided by the Court, certain counties have Court facilitators available to facilitate a resolution of issues such as child custody on the date of your scheduling conference.

  7. How to find my child support case records and case number ?

    Answered almost 5 years ago.

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

    Try looking it up at the Maryland Judiciary Search website: http://casesearch.courts.state.md.us/inquiry/inquiry-, which goes back beyond 1990. You can define your search, including by name, etc., and secure the Case number. Then with the Case number you can contact the specific county clerk's office to request copies of your file.

  8. My husband and I are getting ready to separate after 5 years of marriage and my step-daughter wants to live with me.

    Answered almost 5 years ago.

    1. Carlos Mariano Lastra
    1 lawyer answer

    This is a difficult situation. You may consider filing for Guardianship of the child at the appropriate time. If that was successful then you would have the authority of the Court to act as her legal guardian. It has been done before.

  9. Could my husband get Joint legal custody if he lives out of the country and not very involved with the child

    Answered almost 5 years ago.

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

    Joint Legal Custody is premised on the fact that the parents are able to communicate and reach shared decisions concerning matters of major importance concerning the minor child. The Court will look to the history of the parents to determine what is appropriate. If he has not participated in the past, the likelihood is he will not be permitted to do so in the future if there has been a lack of communication. Visitation will be decided based on the child's best interests, which must take into...

  10. Who owns appliances-home owner, or renter who purchased them?

    Answered almost 5 years ago.

    1. Carlos Mariano Lastra
    1 lawyer answer

    Since you bought the washer dryer you likely have a bill of sale in your name alone. If such is the case, you are in a good position to assert that you can simply take the washer and dryer just like any other non-fixture which you own. The choice to do so is yours.

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