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Rebecca Ann Fleming

Rebecca Fleming’s Answers

14 total


  • If the custodial parent gives the children to the non custodial parent that resides in another state, can the order be modified?

    I am the non custodial parent and have had my children living with me for over a year now. The custodial parent sent them to me which was to be for as long as possible. Since the children have been in my custody life altering situations have chan...

    Rebecca’s Answer

    I agree with Mike. Modifying a foreign order is a little more complicated because the judgment will need to be what we call "enrolled" in Maryland before it can be modified. That is not usually difficult to accomplish when the children are living in Maryland, but it is an extra step that you will need to take and is best handled by someone with experience in enrolling and modifying foreign orders.

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  • My children's father keeps threatening to leave the house with our children and not let me see them. Can he legally do that?

    their father is on the birth certificate for both children and they have his last name . he is basically trying to kidnap them if i leave the house to even go to the grocery store . is there i way i can make sure this doesn't happen ? i want to...

    Rebecca’s Answer

    You should meet with an attorney as soon as possible. The problem with your case, based upon the facts that you present, is that if he takes the kids it is not kidnapping (as you said), absent a court order. When there is no court order both parents have equal rights to children and so either one can take the children where ever they want to go. He could take them from the home and you would not be ablet to take them from him (without a court order), but you would be able to get them from any third party (a relative, a daycare provider, school, etc.) that he might leave them with. If you separate from him, either of you could keep the children from the other, but it would be a terrible stragey. Judges frown upon parents keeping children away from the other parent unless there is a very good reason to do so.

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  • My estranged husband is lying about his finances in order to avoid paying child support. What can I do?

    He claims he makes $27000 a year; however, he lives in $672,000 home, has two cars, and has to pay utilities at this house. He does not provide any support for his 2 children. Case is pending in court.

    Rebecca’s Answer

    If you do not have an attorney, I encourage you to retain one. The facts that you present lead me to believe that it will be difficult to prove what your husband's actual income is. You will need an attorney who understand's the different discovery tools that should be utilized, the documents that should be subpoenad and the correct procedure for succesfully admitting the evidence in court. This would be very difficult for a non-attorney to handle on her own. There is no one discovery or evidentiary rule that I could point you to that would answer your question. Your case requires an understanding of various rules, and would benefit from competent counsel.

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  • I need a strategy to appeal in Circuit Ct. from a protective order my daughter and granddaughter lied and said I pushed child

    I lost in District Ct. because my daughter said I take medication. All my family have mental health issues, I am the only one that got treatment. I am totally mentally healthy but the judge stigmatized me and refused to allow me to talk. I do...

    Rebecca’s Answer

    You did not mention when this order was issued in the District Court or which county you were in. You do have thirty days to file an appeal to the Circuit Court. Before any attorney would be able to you to develop a strategy, you would need to present many more of the facts involved in your case and be prepared to present a copy of the petition that was filed by the petitioner.

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  • What is the law in Maryland regarding moving out of state with my child whom I have shared custody of.

    My job requires the move and I can't find anything else within my present state.

    Rebecca’s Answer

    • Selected as best answer

    You did not provide very many facts and this is a complicated situation. There may be some very specific languange in your order requiring notice when one party wishes to change the child's residence, and if so, then you will need to make sure you are following those provisions closely. If the other parent does not agree to a move, then you will need to file a Petition for Modification and ask the court for permission to relocate the child. You should speak with an attorney immediately, because if you fail to comply with a notice provision or you fail to inform the other parent of this potential move until the last minute, a judge may look upon you unfavorably.

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  • I was awarded sole physical and joint legal custody with twice a week visitation from the dad. can i move out of state?how?

    I recently got remarried and my husband and i wants to move. I have sole phsyical and joint leagal custody of my son. His dad has visitaion twice a week. Can I move and if so what precedures should I make to do so?

    Rebecca’s Answer

    If your son's father will not agree to you relocating with the child, you will need to file a Petition with the court. Since you share joint legal custody, you cannot relocate with your son without the consent of the father or a court order. You should speak with an experienced attorney about this issue as there are many factors that a court will consider when one parent seeks to relocate with the child.

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  • Is a comment from a minor (12 yrs old) allowed in court?

    I have been overseas working for two yrs in the middle east now in Japan. My oldest son has told me that a man had been living in our place, and staying in our bed. I had proof of phone calls and a picture of her and someone driving in my car whil...

    Rebecca’s Answer

    While you could call your son as a witness, I strongly recommend that you speak with an attorney about the evidence that is required to prove adultery, in the hopes that you could find another way to present that evidence to the court. There are many judges who would not appreciate having a child testify against a parent to prove an adultery claim made by the other parent.

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  • I have sole physical custody of my daughters can i modify the visitation rights?

    i've had custody for 5 years now. up until a week ago me and my wife were still together. she left the state without any notice at all. her original visitation was holidays and summer but i made that thinking she would remain in state. she left wi...

    Rebecca’s Answer

    In order to modify an existing custody order you must show that there has been a material change in circumstance which affects the wellbeing of the children, and that modifying custody would be in the best interest of the children. You should contact an attorney who can review your order and the facts of your case in order to advise you as to whether there is a material change in circumstance that would allow a judge or master to modify the order. Whether or not your wife's move is a material change in circumstance likely depends on where she moved to. You would also need to discuss with your attorney whether your wife's mental instability would give the court a basis for ordering supervised visitation.

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  • Am I losing custody of my baby?

    I'm 17 and turning 18 in october. I just read the paper from the custody evaluator that she recommends my daughter should be taken away from me and given to my mom. I don't have a job and I'm still in highschool. I have a history of depression bef...

    Rebecca’s Answer

    I do not think that any attorney will be able to give you an answer that will accomplish your goal of keeping your child based upon a six sentence internet post. Custody cases are complicated and fact specific. As your hearing is next week, you should attempt to find an attorney as soon as possible or try to postpone the case, although there will not be many judges sympathetic to a postponement request that is the result of a last minute effort to obtain legal counsel. There are several legal service organizations that may be able to assist you free of charge or at an extremely reduced rate. If you cannot afford an attorney, you should explore the free or reduced fee services that are available in this state.

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  • Good Afternoon, My son turns 18 tomorrow. I have been paying child support for ten years. When is my support supposed to stop?

    I live in Maryland. What's the emancipation law on child support ending? Will the support actually stop on his birthdays or the end of the month?

    Rebecca’s Answer

    As is frequently the case, the answer to your question is "it depends." If you have only one child and that child turns 18 and has graduated from high school, and is not an adult destitute child, then child support will terminate automatically. However, if this child is going into his senior year of high school, then you will be obligated to continue to pay until he turns 19 or graduates from high school, whichever occurs first. Further, even if your son has graduated from high school, if he has siblings that you are also paying support for, then you will need to have the child support recaluated. So, the answer to your question depends upon whether your son has graduated from high school, whether you have other children who you are supporting and whether your son has any disability that would prevent him from supporting himself.

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