Maryland Q&A by Practice Area

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Maryland Questions & Answers
1 Answer | Asked in Workers' Compensation for Maryland on
Q: During a worker's comp case does my employer's IME doctor have access to medical records not related to my injury?

Should the doctor only have access to medical records related to my injury? Is he granted my entire medical history since I was a kid? Thanks

Eric Todd Kirk
Eric Todd Kirk answered on Sep 25, 2020

So, you have filed a workers' compensation claim. By doing so, you've in effect but the body part injured "at issue". In other words, whether or not you've ever had problems with that part of your body before is the subject of legitimate inquiry. Certainly, the employer is... Read more »

1 Answer | Asked in Immigration Law for Maryland on
Q: How much is the consultation

for green card and passport

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Sep 25, 2020

Consultation fee depends on several factors like the attorney, the area and sometimes the issue. Its best to reach out to the particular lawyer you would like to retain.

At my law firm, we offer competitive prices and payment plans. Get in touch with me to discuss your immigration questions.

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: if I was laid off from work, is it legal for the employers to put an ad out hiring for my same position?
Rhiannon Herbert
Rhiannon Herbert answered on Sep 23, 2020

There is nothing inherently unlawful about the above situation. Since Maryland is an at-will employment state, you can be laid off or terminated at any time and for any reason or no reason at all, as long as the reason isn't discriminatory. So in your situation, the answer to your question... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Hi can anyone explain what pretrial division Correspondence means in terms of a habeas corpus?
Eric Todd Kirk
Eric Todd Kirk answered on Sep 22, 2020

It's impossible to know the content of the communication or guess at its effect, but, Pretrial Release filed something with the court. If you are the defendant, presumably you got a copy. If not, you may need to check the court's file at the courthouse.

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: How can I get the father off of my daughters birth certificate if I can't find him.

My ex husband faked an at home paternity test when my daughter was 3. I never questioned it since it was a way to get him out of our lives. He's had no contact with my daughter since. Now my daughter is 13 and wants to know for sure that he is her father and to have him removed for her birth... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 21, 2020

You are looking for advice on a very complicated matter that requires the assistance of counsel. I highly suggest you reach out to counsel in your county/city to discuss your options. Counsel can provide several mechanisms for locating him that you may not have at your disposal. And your case is... Read more »

1 Answer | Asked in Family Law and Elder Law for Maryland on
Q: My uncle is almost legally blind and my aunt has early onset Alzheimer’s but presents well, can their daughter get POA?
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 21, 2020

Unfortunately, that would not be a good idea and may create a whole host of problems down the line. You are better off petitioning the court for guardianship.

1 Answer | Asked in Child Support for Maryland on
Q: My daughter turned 18 last year but graduated HighSchool in June. The IWO hasn't been adjusted though.

I was under the impression from correspondence that this would be automatic. When I contacted OCS I was sent a mod document which is more than I thought was necessary. Every time I try to call their 800 number for AA county it's busy. Not sure what I should do, filling out a full financial... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Sep 21, 2020

It is not automatic. The court/ child support enforcement is not watching to see when a child turns 18 or graduates high school. You must file with the Court to terminate (modify) the support. It is only retroactive to the date of filing -- not the date of the child graduating high school so... Read more »

2 Answers | Asked in Real Estate Law for Maryland on
Q: In cases of multiple owners of a property, does majority rule on questions of selling, renting, etc?

Also, would a majority ownership share rule?

Thomas C. Valkenet
Thomas C. Valkenet answered on Sep 21, 2020

No. Unless there is a side agreement that describes such a voting system, every title owner has equal say in how the property is disposed of. That is the tricky part about having co-owners.

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1 Answer | Asked in Civil Rights for Maryland on
Q: How can a group of student get a class actions started against a college for discrimination and retaliation?

There is a group of African American students who want to file a class action suite against the college, based on discrimination, and retaliation. When we speak out about any issues we have regarding grading, not registering us for class, etc. he either fails us, and does not go over the test with... Read more »

Raul Jauregui
Raul Jauregui answered on Sep 21, 2020

This sounds like a remarkable moment for that group of African American students to transform education at that school for them and for the next generations of students of color. When you say "class action" you imply getting a lawyer who has experience in race discrimination in... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Roommate doesn’t pay rent since March, 2020..quit job 2 weeks before Covid..landlord gave him 30 day notice to vacate in

April. Loud car, car lights shine in tenants windows, does not keep common area like bathroom clean.

Leonard A Englander
Leonard A Englander answered on Sep 20, 2020

I would need a bit more information to answer this one. Are you asking if the Landlord can do that? Or are you asking if there is a way for you to get rid of this roommate, or it something else.

1 Answer | Asked in Child Custody for Maryland on
Q: Can someone change a child’s school from one county to another with a proposed order? Not signed by a judge?

There was a hearing and new proposed orders in Maryland my son started school already and upon receiving these proposed orders he was taken out of his current school by the other party and enrolled in another county they haven’t started school yet. In the current order we have joint custody in... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 19, 2020

If there was a court hearing and a decision was made by the judge/magistrate, you have to follow the new order entered.

1 Answer | Asked in Child Custody and Child Support for Maryland on
Q: how can I get custody without the other parent paying child support if we both agreed? Is it possible to get it to $0

We both don’t want each parent to pay support. But agreed on parent plan

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 19, 2020

You can ask the court to set the child support where you and the other parent are generally charged with supporting the child(ren). You do have to be able to justify not paying support to each other though.

1 Answer | Asked in Probate for Maryland on
Q: Sister died owning mortgage on house we shared 35 yrs. I want to stay. I’m not on deed. What to do?

I am personal representative for her estate. If I have to qualify for mortgage in my name I am afraid I would not (bad credit). I have kept up the payments

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 19, 2020

I am sorry for your loss. If your sister passed away owning a home, the home, depending on how it's titled, has to go through probate. If you are the only sibling, no spouse, and none of your parents are alive and she didn't have any children, then you can rightfully inherit the house.... Read more »

1 Answer | Asked in Consumer Law, Small Claims, Tax Law and Banking for Maryland on
Q: Can I take legal actions towards my financial advisor for being dishonest?

So in January my mom got a letter from her financial advisor which was from the IRS telling her that she had to fill out a W-9 because the social security she had in her account was wrong. My mom immediately took action and we went to our financial advisor office to correct the social security... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 19, 2020

Contact the IRS to verify.

1 Answer | Asked in Animal / Dog Law for Maryland on
Q: My sister has an alcohol addiction and while in 2 week in-patient treatment I began caring for her dog. That was 1.5 yrs

ago and she has not once physically come to get her dog and now is threatening to send sheriff take me to court. Is this a civil matter since no criminal theft occured no police report? Can I defend that Im now primary caregiver and property abandonment? She does have original adoption papers for... Read more »

Mark Oakley
Mark Oakley answered on Sep 18, 2020

The only legal defense you have to keep the dog based on your description is if you convince the court she abandoned the dog, or intended to give the dog to you. Get the proof from whomever she told that she had abandoned the dog. That’s an admission against interest. You also have a... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: Would having someone else write an statement and you agree to what’s written...be perjury!

If my sons father has his wife complete the protective order for him statement and all and he signs it would I be able to get the order dismissed to perjury him saying he completed the form when it’s two different hand writings?

Mark Oakley
Mark Oakley answered on Sep 18, 2020

No. Who wrote the statement is not relevant. So long as he signed the petition and made oath or affirmation the the statements were true, the petition is not invalid. Of course, you can cross-examine him about those written statements not being his, and therefore represent his wife’s eye-witness... Read more »

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1 Answer | Asked in Family Law and Child Support for Maryland on
Q: My daughter just turned 18 08/28/20. Due to COVID she will not go to college this semester can she still receive suppor

She plans on attending school when i go on mydhr it’s looks like the case has been closed. Was I to contact someone to let them know she does plan to attend. She has applied but not ready to take that risk

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 18, 2020

If you are referring to child support, that usually ends when the child graduates high school at 18/19 years old.

1 Answer | Asked in Family Law for Maryland on
Q: My fiance just died and I'm trying to get all the kids insurance and everything put in my name and I am on the birth can
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 18, 2020

I am truly sorry for your loss. Unfortunately, your question is cut off. I would suggest that you repost it.

1 Answer | Asked in Elder Law and Nursing Home Abuse for Maryland on
Q: I have documentation that some nursing homes if not all do not refund to the residents, overpayments of their private

pay for room and board and nursing services when admitted to a hospital, 3 days or longer, or in an associated Rehabilitation medical facility which is paid by Medicare. In other words, Medicare and or Medicaid pay for the resident's room and board and other covered services by Medicare paid... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 18, 2020

Sounds like both. You may need to report this to both agencies.

2 Answers | Asked in Child Custody for Maryland on
Q: If both of my parents have custody and, i want to stop going to my dads/stepmoms house am I aloud to resist going?
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 18, 2020

This answer is complicated--it depends. It depends on your age. At a certain point, the court will take into account your age and preference. Your parents have to follow the order as written. If they don't then they are in contempt of court.

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