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Thomas K. Mallon

Thomas Mallon’s Answers

271 total


  • Is my District of Columbia legal separation recognized in the state of Maryland that does not have legal separation?

    My spouse is a D.C. resident, and I am a resident of Maryland. For personal reasons we have elected to pursue a Legal Separation under D.C. law rather than a divorce at this stage. The state of Maryland does not have legal separation. Would my leg...

    Thomas’s Answer

    If you are living separate and apart you are separated. If there are terms in your legal separation from DC that you need to have enforced in Maryland you would have file to have it enrolled here first. You might have considered filing a Limited Divorce in Maryland, which would have served the same purpose, if you had temporary terms you wish to have enforced, such as custody, child support, pendente lite alimony, etc...

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  • Can I contest to be remove from the central registry ? if so what is the process and do i need a family law attorney?

    About fifteen yrs ago, when i was a single parent who made a bad choice to disciplin my child with a spanking. the child ran from me and sustain an injury. I wrote a letter to the school explaining the truth: The school called DSS . My second b...

    Thomas’s Answer

    Once DSS makes its ruling one way or another, you have a limited time period in which to file an appeal. Since you never filed an appeal, there is no mechanism have it removed. You will have to continue to explain it. Something that happened that long ago is usually much less of a consideration for an employer. Although this involved a child 15 years ago, its not really a custody question.

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  • Can my ex and I have a visitation agreement notarized and then file it within the court system to make it legal?

    My ex and I were divorced and in our visitation portion, it states that we would just handle it ourselves. However, through the years that has not been the case, and now I would like to have the visitation modified without going to court. Is it ...

    Thomas’s Answer

    You can do that, but both sides have to agree in advance and some of what you are asking for needs specific language and I strongly advise seeking an attorney to draft it for you before have each of you sign it and submit to the court.

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  • My husband had an affair that resulted in a child.

    Since we reconciled I was told adultry is out of the questions, but now since it was determined to be his, can I file on the grounds of adultry, if I chose to leave?

    Thomas’s Answer

    Why do you need to prove adultery? You must prove that he committed adultery and you have not condoned it. Its pretty hard to prove that after 9 months or more.

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  • How do I get an annulment form?

    Got married just to avoid questions while in the military and forgot all about it when I got out. Courts in MD don't provide forms and I was told I would have to talk to a lawyer about getting one.

    Thomas’s Answer

    Based on the facts you have provided thus far, you are most likely married and will need to get divorced. It also sounds like you been separated for over a year and split up all of your belongings, so getting a divorce will not be difficult or protracted. I'm not sure why you are trying to get an annulment vs. a divorce, but if you are attempting to handle it yourself (never a good idea for either), you will find an easier time of it trying to get a divorce.

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  • Am I entitled to Alimony or spousal support

    My husband has been cheating. We’ve been married for 4 years. He earns about $150K per year with expected retirement income of 8K per month beginning in August. I only make $42K Am I entitled to spousal support? My credit is bad, beca...

    Thomas’s Answer

    In Maryland there are 3 types of Alimony. There is Temporary or Pendente Lite Alimony, Rehabilitative Alimony, and Permanent Alimony. Pendente Lite Alimony is granted in instances when one party has to move out and has no other way to pay their bills. They may or may not have children but they have moved out and need temporary assistance relatively quickly.

    Rehabilitative Alimony involves instances when one party has gone to school while the other party paid all the bills, now that the 1st party is finished school and has a good job, they want out of the marriage. Well, maybe party #2 wants to go back to school, or want re-training for a better job or needs money to be self supporting for a period of time.

    Permanent Alimony involves a very long marriage where one party goes to work and makes lots of money. The other party stays home, keeps the house organized and running and because the parties are now much older, it makes very little sense for retraining or schooling, so just pay permanent alimony going forward.

    Alimony is based on one party's need and the other party's ability to pay along with many other factors.

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  • Can I move out of state with my son with joint legal custody?

    We have joint legal custody, and I have final decision making. I also have primary physical custody. My husband is losing his job next spring. And my parents have recently moved to WV. At this point I do not have any support system here in Ma...

    Thomas’s Answer

    What you are asking for is a modification of custody and visitation based on a material change in circumstances, even though you want custody to stay the same. You are drastically wanting to alter visitation which changes the father's relationship with his children. So that the court must first determine if there has or would be a material change in circumstance (you wanting to move to West Virginia). It is likely the court would find this to be a material change, then the court must find that it is in the best interest of the minor child to move to West Virginia as well based on a dozen or so custody factors. Having final decision making authority is helpful, but not dis-positive or your wish to move with the child.

    You are also asking to make this move with your oldest child, do you have others and are you splitting them up as part or your plan moving forward? If so, that is something I think the court would find very troubling.

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  • I have joint legal custody of my 14 year old daughter. I recently needed to file a custody modification. 6/29

    She has been having a problem with her mother verbally and mentally abusing her. I have been taking her to counseling for the past 9 months. Recently her mother and step father have been having marital problems and her mother has created quit a st...

    Thomas’s Answer

    Other than needing help, what is your specific question. You need to ask specific questions to get any type of answers in this forum.

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  • How exactly do I keep a drug addicted criminal away from my baby while visiting with the non custodial parent?

    How do I prove in court or make my case? They have assault conviction, drug and weapon charges yet not convicted. CPS? Judiciary case search records?

    Thomas’s Answer

    Because you are talking about a baby, I am not going to assume that you have a custody order in place yet. If you do, you will need to file for a modification of that order as having this new person around your child may constitute a material change in circumstance.. If you do not have a custody order yet, you should file for one immediately. Everyone is presumed innocent until proven guilty, so just being charged in not enough. But the seriousness of the charges certainly is cause for concern. It also goes to the lack of good judgment the non custodial parent is using when they choose to associate with such individuals.

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  • Do I need a lawyer

    I am seeking custody of my grandchildren I am the sole provider my daughter said she wants me to take custody how can I do this

    Thomas’s Answer

    The easiest way to accomplish this is to have an agreement between the parties, which will include the father. Once all parties agree, you may petition the court. You may also wish to look into guardianship rather than custody, which can be easier and accomplish the same goals for you and your daughter.

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