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Thomas K. Mallon

Thomas Mallon’s Answers

257 total


  • I file for a divorce from my husband for adultery. He contest it and now needs surgery.

    I file for a divorce from my husband for adultery. he is still having the affair and he contest the divorce. Now he needs surgery which means he can't work . Would I have to pay him alimony? I intend to buy him out the house as well. he have not ...

    Thomas’s Answer

    Unfortunately the answer to your questions is, "it depends". What was the surgery for, how long will he be out of work, will he have to get a new job or is he going to be able to take sick leave and resume shortly, how long have the two of you been married, does he have a financial need and do you have the ability to pay alimony. These and many others are questions that need to be answered first before a more accurate answer can be provided.

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  • Is my ex husband, who has visitation rights, suppose to tell me where he is taking my kids for a vacation?

    My ex husband plans on taking the kids for two weeks as per court order, but he is refusing on informing me on where he is taking them, when I ask him he says it is not my business and it is personal. I am concerned about him taking the kids to an...

    Thomas’s Answer

    As long as you are the children's parent it is your business along with anything else that affects children, including any potential harm or emergency, seen or unseen. If a friend took your on a trip or their father took the children on a trip when you were together, you would insist on having the same information in advance. Its no different now, just because you and the father are not together now.

    Your ex husband may be feeling defensive because of the way you have asked or for other reasons regarding your past history or custody dispute. If you approach it differently you may get the answers you are entitled to.

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  • Bed sharing/custody

    My 5 yr old son's father filed to modify custody and is claiming I am not providing financially for my him, that I allow my mother to make parental decisions as far as his visitation goes, and that we are alienating him. My son and I live with my ...

    Thomas’s Answer

    The fact that your son's father has filed to modify custody means that it is his initial burden to prove there has been a material change in circumstances and then if the court finds that there has been a material change in circumstances, the court will next consider what is in the minor child's best interest. The fact that your parents provide financial support is not really a determining factor, but because there are about a dozen the court look at, it is still possible to lose custody of your son. If your son's father convinces the court there has been a material change, you must ask what are the other reasons he might get custody.

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  • I was sent an order by St Mary's Circuit Court to pay legal fees I had no idea was coming.

    An order came in the mail today for me to pay legal fees to an attorney whose request was denied in Howard County. They went to St Mary's county circuit court, I had no chance to argue the merits of the request, did not know it was coming now 21 ...

    Thomas’s Answer

    I must ask if the attorney's fees you were ordered to pay in St. Mary's county came from district court there? That might exp[lain what happened, but does not explain whether or not you were properly served or if all appropriate rules were followed. You need to take all of your paperwork to any attorney to review immediately, or you may not be able to properly raise these with the court if not before the appropriate deadlines. Without the documents anyone would just be guessing. Having an attorney to review the documents and explain them should not take long at all and therefore not be expensive. If you do have an attorney review these documents it could be very expensive indeed,

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  • What is the most economical way to get an uncontested divorce?

    My husband and I (he now resides in AZ and I in MI) want a divorce. We have no money, assets, no house, kids under the age of 20, and just want advice on the most economical way to divorce. Could we go through an arbitrator, lawyer, or is there ...

    Thomas’s Answer

    Believe it or not, hiring an attorney may be your best option. If you let the attorney know up front the divorce is truly uncontested, it should not cost very much at all, and all of the forms will be prepared properly and filed properly, which saves time. I am barred in Maryland, so I do not want to advise as to whether it is permitted on Michigan or not, but even if the attorney only represents one of you, the parties can agree to split the attorney's fees (at least they can in Maryland).

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  • Divorce and custody

    Since my wife and I separated 3 years ago, I have not been allowed to see my son. She refuses to let me visit or anything. She even has him calling his grandfather dad. I want to send a certified letter to my wife asking her to e-mail me to disc...

    Thomas’s Answer

    If you are going to insist on sending a letter, what exactly is it you are hoping to accomplish? Are you trying to raise your concerns with your ex? Or are you just trying to explain your side so you feel better about your self and your situation? If it is the later, I would advise against send the letter and if you still insist on doing so, have someone else read over it first to see if there is anything that might be construed as offensive (someone like your mother to look it over first).

    As for not being able to afford a lawyer or doing anything else, there are too many reduced fee and pro bono organizations out there for me to be sympathetic. If you do not know where to find any, start with Maryland Volunteer Lawyers Association or your local (county) bar association. You can file for visitation and then you will have an order and a schedule that can be enforced.

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  • Will I get in any serious trouble?

    Couldn't get ahold of father when I was pregnant. Turns out he was in Jail. Finally got ahold of him and told him. He denied it. Then blocks me off social media. Had baby and he has no idea. Couldn't notify him. He changes his number multiple time...

    Thomas’s Answer

    I'm not sure what you think you can get in trouble for? You have reached out to the father and he does not want anything to do with you or the child you have together. Even if he were to acknowledge the child as his and there was an order for visitation, if he does not exercise it, you can't get in trouble, so how are you going to get in trouble even before any such order?

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  • Do I need to file custody

    The non custodial parent has not signed the birth certificate. Does he have legal rights to the children? We have a verbal agreement for child support but should I be looking into custody now that he is threatening to come get them & take them. He...

    Thomas’s Answer

    You should file for custody to keep him from doing or filing anything before you and complicating matters. I would suggest that you might also try talking to him and coming up with a formal agreement if possible, that will make the court proceedings much easier and a smoother process.

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  • How to regain or reinstate custody from dfcs?

    My oldest sons Krisstopher 13 and shaun jr 10 recently got tooken away from there paternal aunt who had full custody for the last 7yrs there currently in foster care through paulding county department of family and children services in GA. I'm loo...

    Thomas’s Answer

    You need to contact a lawyer in GA, and file for a modification of custody. You need to act quickly and respond to anything the you receive from the State of Georgia.

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  • Can non-custodial parent take child to doctor and dentist?

    If the parents have joint legal custody, even though one parent has primary physical custody, is each parent allowed to take the child to their own family doctor and dentist for routine medical care?

    Thomas’s Answer

    If the two of you were still together, would this be a problem? It may not be the best idea to have your child seeing multiple doctors and dentist and getting multiple treatments of care, but getting a second opinion, or getting consistent care through multiple sources is not a problem.
    Since the two of you have joint legal custody, you should discuss your child's care in advance and make the other aware of any appointments so they can attend also, but unless your child is being taken to a doctor or dentist that will be doing harm to the child, its not really something to be complaining about.

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