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Carlos Mariano Lastra
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Carlos Lastra’s Answers

28 total

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

    Do I need to show proof or is testimony enough? Does the law require that there have been threats of physical violence?

    Carlos’s 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 lasting for up to one year abuse would have to be proven by clear and convincing evidence.

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

    I feel that my childs father got fired on purpose to lower his child support he feels that 930 a month for one child is to much, next thing I know he has no job. He resently got a new job making less but I feel he should pay the same for purposely...

    Carlos’s 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.

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

    My husband and his ex-wife share joint custody of their 16 yr. old daughter. My husband is an OTR truck driver and so he is not here but every other weekend, so I am her caregiver while he is gone. His daughter used to live with his ex-wife until ...

    Carlos’s 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.

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

    I have sole custody of my daughter and I wish for her father to have no parental rights to her. He doesn't pay child support as ordered, he abuses alcohol and drugs, and there are many other reasons why I wish he no longer have his parental rights...

    Carlos’s Answer

    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.

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

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

    Carlos’s Answer

    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.

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  • How to find my child support case records and case number ?

    how can i find my child support case records from 1990 ? in order to file for back pay ? i have lost all paper work and contact information on my case in maryland.

    Carlos’s Answer

    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.

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

    I have a very difficult situation on my hands. My husband and I are separating and my step-daughter wants to live with me. She has not spoken to her birth mother in almost a year and she does not want to stay with her dad. Her and her dad do no...

    Carlos’s 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.

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

    We have been living separate for 9 - 10 years. He had a house in his name (purchased before marriage) and a few years ago signed it over to his father's name. I had simple divorce papers delivered to him years ago, though he never signed them. Was...

    Carlos’s 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.

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

    Also could I mention in my decree that If the child is sick or uncomfortable with her father (since she is 5 yrs now and father has not seen her since 5 years therefore she is a complete stranger) then the visitation should be adjusted.. Please help

    Carlos’s Answer

    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 consideration the nature of the relationship between the child and the parent, prior abandonment, the bond between the parent and child, the proximity of the respective residences, etc. The schedule should consider your concerns from the inception.

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

    I bought a home in MD in '89 with now ex-wife. In 2001 I bought a great washer-dryer set, and in 02 we divorced. She kept ownership of the the house and moved on. I rented back from her to stay in location. I am now leaving Jan 1, 2010. Can I take...

    Carlos’s 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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