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Stuart Carter Axilbund
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Stuart Axilbund’s Answers

12 total


  • Will I go to jail or could I lose custody if I refuse to send my daughter for a visit to a foreign country?

    We have been divorced for 5 years (he left before our child was born). He has one week's visitation per year and has never exercised it. In the past year, he has seen his daughter for 36 hours. I have had sole physical custody since her birth a...

    Stuart’s Answer

    You should not disobey a court order. However, if you think your child might be at risk, you could file a request for an emergency hearing to stop the trip to Germany while you are litigating the change in legal custody.

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  • I AM THE BIOLOGICAL FATHER OF MY SON HIS MOTHER IS DECEASED WHILE I WAS INCARCERATED THE STATE OF MD GRANTED JOINT LEGAL CUSTODY

    BETWEEN MY BRO. & I BUT GAVE HIM SOLE PHYSICAL BECAUSE I WAS INCARCERATED NOW I AM HOME CAN I GO AND PICK UP MY SON WITH A POLICE OFFICER?

    Stuart’s Answer

    If there is a court order giving your brother sole physical custody, then no, you can't go with the police to pick him up if your brother wo't let you have him. You would need to file for a modification of the court order.

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  • Does Maryland allow a Legal Separation? What would be the cons of it?

    I moved out in June 2012. What are my best options at this point to protect myself.

    Stuart’s Answer

    Maryland doesn't have anything called a "legal separation." What Maryland has is something called a "limited divorce." This term is somewhat misleading because, in reality, it isn't really a divorce. Basically, it's a way to get termporary relief while you're waiting for grounds for an absolute divorce (often based on a one-year separation). When issue a limited divorce order, the court can award temporary custody, child support, alimony, etc.
    Please fee free to call my office with any other questions.

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

    My husband has not slept at home in over 8 months. Now I am hearing from other people that he is with another women.

    Stuart’s Answer

    I might add that even if you did change the locks, if he's a co-owner of the house, it would not be illegal for him to break the new lock and reenter the premises. Please consult directly with an attorney before taking any action in this area.

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  • Can a person in prison be served by mail?

    The Defendant in the Complaint is in prison and out of state. Could the Complaint simply be put in the mail as any other correspondence? Wouldn't an Affadavit of Service be required?

    Stuart’s Answer

    You can serve a person in prison by sending the summons and complaint to the prisoner by certified mail, return receipt requested. Be sure to have the person's "inmate number" when you mail him/her. If you get the "green card" (i.e., return receipt) back in the mail and the prisoner personally signed it, then he/she has been served. You will need to file an Affidavit of Service, attaching a copy of the summons and green card, with the court. If the person is incarcerated outside the State of Maryland, he or she will have 60 days to respond. If they're inside Maryland, they'll have 30 days to respond.

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  • What is judge willing to hear and act on in a settlement conference

    custody case pending mother of child is unbalanced in mind. will not give access to child.files false charges of assault to keep me away from child. i have successfully defended allegations of assault showing she was the aggressor.initial hearing ...

    Stuart’s Answer

    What happens at the settlement conference will depend in part on where the case is being heard and who the settlement judge is. Also important is whether the mother has an attorney. If this is the settlement conference (and not a scheduling conference), an effort will be made to settle the case and put an agreement on the record. This means that the judge tape records the settlement agreement and asks if you both understand its terms. Once the agreement in "on the record," you can't change your mind. The important thing to remember is that you don't have to agree to anything.

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  • Child Custody Family Grandparent Custody Guardianship Both parents died and left behind a baby?

    The parents were very young and didnt have any type of will. The parents of the mother want the baby and so do the parents of the father. What is the first step in this process. What to do/what not to do in the mean time?

    Stuart’s Answer

    The Department of Social Services generally tries to place orphaned children with family members. If both sets of grandparents want full custody of the baby, the DSS will do an investigation. It will then make a recommendation to the court as to the best interest of the baby, i.e., which set of grandparents would be better for the baby to be with. You should contact DSS and indicate that you are interested in having custody and adopting the baby as soon as possible. You should also know that if you become the custodial "parents" of the baby, Social Services will generally pay you benefits on behalf of the child.

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  • Adultery

    does adultery come ihto play even when living seperate limited divorce?

    Stuart’s Answer

    If you are asking if sex outside the marriage constitutes adultery even after a limited divorce is entered, the answer is "yes," and the adultery can be grounds for the immediate filing of a complaint for absolute divorce.

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  • Use and possesion

    Can use and possession be negotiated down from 3 years to 1 or 2 years in divorce

    Stuart’s Answer

    Yes. The parties are free to negotiate the terms of a use and possession order. If the parties cannot agree, the court can award use and posession for up to three years from the date of divorce.

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  • Child Support - Garnish Wages of new spouse

    I am getting married to a man whose doctor has recently placed him on full disability. He has no income and owes child support. Can my wages be garnished for this support? Can my tax refund be garnished? Can I be in anyway responsible for child ...

    Stuart’s Answer

    Your wages CANNOT be garnished. If you file a joint return, the IRS may intercept the refund. Under the IRS' "Innocent Spouse" doctrine, if this were to happen, you would be able to get the money back. To avoid this, however, it might consider filing a separate return.

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