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Christina M Bayne

Christina Bayne’s Answers

8 total

  • What's my chances of a judge granting me full custody of my son? Do I have a good case?

    I have been splitting time with my son's mom on custody since we broke up in 2008. We had a verbal agreement of 50/50 custody from 2009-2014. Our agreement was I would keep our son Mon-Mon then we would switch and she would do the same. Since the ...

    Christina’s Answer

    The court order from December will have an effect on your case. After you have a court order, the standard for a modification of custody is that you must show that a material change of circumstances has occurred since your last court order whereby the custodial arrangement is no longer in the best interests of the minor child. Therefore, you will only be allowed to testify to what has happened since the date of your last court order.

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  • Can I the biological mother request courts to supervised visitation if father doesn't know the minor child???

    Major concern on why i want to request courts for supervised visits of other parent, for the safety of my child...Reasons, father saw the child once 7 months ago, the day my son was born. That same day, he abandoned my son and hasn't seen him sinc...

    Christina’s Answer

    In cases where a father has no relationship with a very young child, assuming you are a fit and proper person to have custody, his visitation will generally start supervised and will be phased in. Without knowing more information or what can be proven it is hard to say how the phase in visitation will be set. You should discuss more details with a family law attorney.

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  • This is pertaining to visitation and custody. Please see below for all details.

    for the last 3 years my ex and I have not completely agreed to terms and provisions of the divorce agreement that was established in march 2010. We wil agree verbally to an agreement with my visitation with my children. At a whim when she feels ...

    Christina’s Answer

    Your ex-wife is legally obligated to follow all of the terms of a court order or divorce agreement. Unfortunately, even if she has given you a better schedule or better access verbally you can not enforce it. If you want to change the schedule based on what you have been getting you need to file for modification of visitation. If she denies you court ordered visitation then you need to file for contempt of court and ask for make up visitation.

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  • My daughter will turn 18 in July and is enrolled in College...Can I apply for Child Support to be continued?

    Since I wasn't married to my daughter's Father and didn't know I had the option to ask for Child Support to continue while she is in College can I pursue that now. And is College considered a secondary school that I read in law the support would c...

    Christina’s Answer

    Maryland law only provides for child support until the age of 18, graduation from high school, however, not past the age of 19. Therefore, since your daughter graduated from high school, her father can not be ordered to pay child support. College is not considered a secondary school.

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  • MD legal sep. Agreement signed while I was under extreme duress in Sept., 2010. We are now living together part time.

    We are having sexual relations, can this void the contract?

    Christina’s Answer

    The act of having sexual relations with your spouse after signing a Separation Agreement typically does not void the contract. I would have to examine the Agreement, however, typically, attorney's include a reconciliation clause that provides that even if you reconcile, the Agreement is enforceable. If you claim that you executed the Agreement in duress you need to either agree to rescind the Agreement or file a Motion To Set Aside the Agreement with the court.

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  • I have to reply in written response by pleading or motion within 30 days after i was served divorce papers. what does that mean?

    Divorce

    Christina’s Answer

    If you are unable to afford an attorney, there are court forms that are available at the court house in your jurisdiction to fill out. It appears that you live in Anne Arundel County Maryland. If that is the case the forms are at the Clerk's office at the Circuit Court and there are volunteer attorneys that are available in the law library to assist you with the completion of these forms. If you have contested issues, such as custody, alimony, and/or property issues, I strongly urge you to retain an attorney. These are complicated matters that require the assistance of an attorney.

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  • How do I file a garnishment for a judgement awarded by a judge for attorney's fees for court costs against my ex-husband?

    The divorce papers awarded a judgement for attorney's fees and court costs, How do I go about filing the garnishment in order to get his paycheck garnished.

    Christina’s Answer

    In addition to the information provided by the other two attorneys, I wanted to add that you can request a writ of garnishment of your ex-husband's wages and/or bank accounts. You will need to know the address of his employer or the bank where he has accounts to execute the garnishments.

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  • Is it comtempt if a non custodial parent moves with out notifying the custodial parent, and asked the child to keep it a secret?

    We are in a custody battle now I am fighting for sole physical. For 5 years my ex has lived with his mother and not had a job. When I filled these papers he suddenly got his self together, now he has moved to another county and told our son to kee...

    Christina’s Answer

    It depends on what your court order specifically states. A contempt action is brought to try to enforce a court order. If the court order does not require a parent to provide an updated address then that parent can not be held in contempt. Nevertheless, Judges in all counties do not look kindly upon any parent moving and keeping it a secret from the other parent. Each parent should know contact information for the other parent in case of an emergency whether or not it is in a court order.

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