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Davin Van Eyken’s Answers

14 total


  • What does a court look for when deciding custody of a child with parents who are minors?

    The father and I are 18 & 19. We still live with our parents as well. Since we live with our parents will the court look at our parents stability when deciding who gets custody?

    Davin’s Answer

    You two are not minors. The Court will be trying to ascertain what is in the best interests of the child. You can expect questions about your financial ability to care for the child, who the child has resided with since birth, who has been the primary caretaker of the child since birth, has the child been to the doctor for routine check-ups and if so, who has taken care of this responsibility, etc. These are just some of the factors that the Court may consider, just to give you a general idea. Judges/Masters have the discretion to make decisions on custody arrangements on the basis of their thoughtful analysis. At the end of the day, a lot of the analysis boils down to common sense.

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  • Can I sue my ex girl friend?

    Very similar story to my own. I was in a abusive relationship and my girlfriend pushed me down the stairs and my shoes fell off before I hit the bottom of the steps, and I still didn't hit her. I'm hoping that we both can learn from this horrible ...

    Davin’s Answer

    In order to prove that there was a battery, you would have to show that there was an intentional unconsented harmful or offensive contact. This would require for you to produce evidence that supports your allegation.

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  • Are divoicing individuals required to attempt a reconciliation or be seperated before proceding to divoice

    I want a divoice but my other half does not know it. We have irreconcilable differences that have caused problems in our marriage. Now I am just tired of trying I believe he will agree to it.

    Davin’s Answer

    No. You do not have to attempt to reconcile the differences that have led to the marital discord. An Absolute Divorce in Maryland requires that the parties live separately for a year. The year separation period is intended to allow for the parties to consider reconciliation. If you want to start the period for the separation requirements, you need to live separately from your husband for a year. Your husband has to have knowledge of your intentions, but does not have to willingly agree to the actual divorce.

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  • Do I have any options on an As Is vehicle purchase?

    I purchased a custom motorcycle "as is". I had it for a couple weeks, as I was riding home the back tire started to shake. Seems the bolts came loose on the back tire. Two were hitting the very expensive swing arm and did damage to it and the bol...

    Davin’s Answer

    I agree with the answers listed. When you purchase a vehicle "as is", you are essentially stating that you are accepting the vehicle with its' defects. Absent fraud or any other extenuating circumstances, you don't have much recourse against the seller.

    Maryland's Lemon Laws applies to vehicles registered in Maryland, driven less than 18,000 miles and owned less than 24 months. In other words, the laws usually apply to purchases involving new vehicles from dealers.

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  • Got a citation for drinking in a public place, do I need a lawyer?

    First offense, ticket says "defendant was drinking a Sam Adams Lager in the parking garage". Sucks because I only brought one beer with me and I happened to get caught with it :/ Anyways, how serious is it?

    Davin’s Answer

    You should hire a lawyer. At the very least a consultation can prepare you for what might happen in court.

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  • I have received an Intent to Foreclose, how much time do i have before the next step

    when can i start a short sale

    Davin’s Answer

    If you have received a Notice of Intent to Foreclose letter, this notice is required to be sent at least 45 days before the suit to foreclose can be initiated in Maryland. Is your lender willing to work with you? It would probably be best for you to speak with an attorney sooner than later.

    I can be reached at (301) 254-8112.

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  • Do I list my financed minivan in my chapter 7 bankruptcy as a debt or a expense? I pay on time and want to keep it.

    My mom is a cosigner. I make on time payments. Can it be used as an exemption on the state of md? Is there a way to keep it without getting carmax Involved? It's Kelly blue book value is 5100.00, not including what I have paid towards it so far.

    Davin’s Answer

    If there is money owed on the vehicle, the debt must be listed on your Schedule D. You may be able to exempt a portion of the value of the vehicle. The debt must be "reaffirmed". It is best to speak to attorney to address the specifics.

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  • Are creditors required to mail debtor proof of claims?

    Pro se debtor in Ch 13 has to pay to see documents on pacer.

    Davin’s Answer

    The Creditor is only required to submit their Proof of Claim to the Court where you case has been filed. It is important for you to compare the amounts they are claiming with your records. You can pay to see the documents filed in your case by setting up an account with Pacer Online. If there is a dispute as to an amount owed, it would be best for to utilize the services of an experienced bankruptcy attorney in your area. In fact, that is a course of action you should consider now.

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  • Does the trustee in a chapter 13 bankruptcy represent the creditors?

    Does the trustee in a chapter 13 bankruptcy represent the creditors? Wisconsin.

    Davin’s Answer

    Essentially, the Trustee is the intermediary between you, your creditors and the Bankruptcy Judge who is presiding over your case. They cannot advocate on your behalf. Part of their role is to faciliate the process and analyze the facts of your case.

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  • Which county to I ask for child support

    I lived in pg county with my son and ex husband but now I live in Montgomery county. Since he is not paying his child support through our agreement which county do I go through? thanks

    Davin’s Answer

    It depends on how long you have lived in the Montgomery County. If you have lived in Montgomery County for up to a year, while having the physical custody of your son, a Montgomery County Court could possibly exercise jurisdiction over the case.

    You can also file for some form of relief or enforcement in Prince George's County, if that is where your ex-husband resides.

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