Legal Question in Family Law in Maryland

Re: I am having a problem, what can I do?

First of all, you need IMMEDIATE LEGAL REPRESENTATION to protect your interests. You should check with the legal assistance office at the post where your husband is stationed. You should be entitled to assistance from that office or at least a free consultation regarding your rights as far as the military is concerned.

As to your specific questions, you should not be legally responsible for debts incurred solely by your husband. Second, the kidnapping threat is bogus. Either party has a right to move out and take the child when there is no prior custody order giving custody to one parent over the other.

You should seek custody and the court will award it to you if it believe that it is in the child's best interest to be with you. Also, your husband will be required to pay child support and it will be taken out of his pay as an allotment and sent to you. If your husband has assaulted you, you could also apply for a domestic violence stay-away order to protect yourself from this happening again.

Re: I am having a problem, what can I do?

Military law is not the law that would necessarily apply to this issue!

First, don't worry about your husband's threat of kidnapping the kids. It is not kidnapping to do as you've always done...take care of the kids, unless there is a court order stating that he has custody of the kids or you have visitation and you violate the court ordered visitation.

Second, the debts that are in his name only are his responsibility unless he can prove that the debts were incurred to finance a marital debt (like a house that the two of you lived in).

I will tell you that if you are about to separate the best thing you can do is to enter into a property settlement agreement. This agreement defines your rights and liabilities and saves an awful lot of heartache later.

You should contact your husband's base administration and inquire as to whether you can receive representation free of charge. I'm unfamiliar with local military procedure but I would imagine that they would represent your interest.

If you still have question, give me a call at 301-652-0663 or 703-968-3974.