Rebecca Ann Fleming’s Answers

Rebecca Ann Fleming

Towson Family Law Attorney.

Contributor Level 6
  1. What is the law in Maryland regarding moving out of state with my child whom I have shared custody of.

    Answered almost 2 years ago.

    1. Rebecca Ann Fleming
    2. John King Holden
    2 lawyer answers

    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,...

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  2. Can I change the locks on my house to keep my husband out?

    Answered about 2 years ago.

    1. Rebecca Ann Fleming
    2. Michael Gene DeHaven
    3. Stuart Carter Axilbund
    4. Virginia Giselle Alvarez
    4 lawyer answers

    You did not mention whether you have minor children and whether your husband is a joint owner of the home. If you have minor children, and he is a joint owner then you can petition the court for a use and possession order within a divorce case. Once you have a use and possession order, you would be within your rights to change the locks. However, without an order that gives you exclusive rights to the home you should not change the locks because he is entitled to be in the home, as a joint...

    2 lawyers agreed with this answer

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

    Answered over 1 year ago.

    1. Bennett James Wills
    2. Rebecca Ann Fleming
    3. David Raymond Mahood
    3 lawyer answers

    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...

    1 lawyer agreed with this answer

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

    Answered about 2 years ago.

    1. Rebecca Ann Fleming
    2. Neil William Tyra
    3. Lawrence Allen Weinreich
    3 lawyer answers

    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...

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

    Answered about 2 years ago.

    1. Rebecca Ann Fleming
    1 lawyer 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...

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

    Answered over 1 year ago.

    1. Rebecca Ann Fleming
    2. David Raymond Mahood
    2 lawyer answers

    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...

    1 lawyer agreed with this answer

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

    Answered almost 2 years ago.

    1. Richard D. Lebovitz
    2. Rebecca Ann Fleming
    3. Barbara Bakal Greene
    3 lawyer answers

    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.

    1 lawyer agreed with this answer

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

    Answered about 2 years ago.

    1. Rebecca Ann Fleming
    2. Slade H. Mclaughlin
    2 lawyer answers

    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.

    1 lawyer agreed with this answer

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

    Answered over 1 year ago.

    1. Michael Gene DeHaven
    2. Charles Gregory Abney
    3. John C Belcher
    4. Rebecca Ann Fleming
    4 lawyer answers

    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.

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

    Answered almost 2 years ago.

    1. Rebecca Ann Fleming
    2. Stephen R Rourke Esq.
    2 lawyer answers

    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.