Legal Question in Family Law in Maryland

Battling for sons safety
My Ex-boyfriend and I are battling for custody of our infant son. I left due to his alcohol use and our inability to cohabitate peacefully. I filed for sole legal and physical custody. I once called the police to have baby A removed from his home he was drunk caring for baby A. Social Services found him neglectful case closed. He took the baby from the sitters after drinking, one week prior to the police call. She informed me that she let him have the baby. She was frightened of him. He repeatedly informed me that if I left, he never wanted to see the baby, for me to say his father was dead. The last 2 months he has not harassed me, before that, I was frightened to sleep at night. I pulled into my driveway inching my way up to be sure he wasn't there. I've come home to find him INSIDE my house passed-out drunk. I have a lawyer, but he is more concerned about support then the safety and custody of little baby A. Should I get ugly and report the illegal actions that he has committed? (Energy theft, hiding money from bankruptcy) What are the chances that he would get joint legal, and physical custody? Are there appeals if I am unhappy with the courts ruling?

Asked on 7/10/02, 11:54 pm

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

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Re: Battling for sons safety

You need to file for full physical and legal custody as well as for child support.

Visitation may be granted but your emphasis should be for supervised visitation only. You should

consider filing for a restraining order for yourself and for the child. Any time that he physically

threatens or intimidates you the police should be called. Where he breaks and enters upon your residence, the

police should be called. Contacting the police and other appropriate actions may help you with custody. Your lawyer should contact

the babysitter and consider using her testimony in a custody hearing as it shows the father's dangerous tendencies. I assume that he

is also driving while drunk and this should be shown to the court as well since such presents a danger to the welfare of the child.

On the matter of appeals, custody, visitation and support can all be modified at a subsequent court hearing but the claimant must

first show a material change in circumstance from when the original court order was granted. Without showing a material change, no modification

will be made.

Answered on 7/11/02, 10:20 am

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