Legal Question in Family Law in Maryland
I'm not blood related, but I am his god mother. He is 3 years old and I've cared for him since he was about 2 or 3 months old. He has lived with me for the last 2 years and I have provided for him financially and emotionally 100%. His biological mother as I'm sure she loves him, provides NOTHING for him. Althought she receives welfare, child support and foodstamps (which she sells every month for money) she never spends a dime on him and I never ask for anything. His mother has 2 other kids and has lost custody of the oldest to her mother. They all have different fathers. She uses these kids for her own selfishishness, she never spends the money on them. I guess I would understand if she had bills to pay but she hasn't had any bills to pay in the last year and a half. She spends her time getting high and parting with friends and buying cars. She has no clothes for him what so ever. What I do, I do all on my own and with my own money. I've never asked her for anything. When he needs to see a Dr I take him., when he's sick I care for him, when he's hungry I feed him. He loves to be read to. Sometimes he reads to me (making up his own words)...LOL. She recently asked me for money to which I said no. Well not long after she came and picked him up and refused to let me see him, and he has been begging to see me, begging to go back home with mommy (me). And its breaking my heart cause I know he's wondering where I am and why I won't come and get him. I know the reality is I probably don't have a leagal leg to stand on but I thought I'd try anyway. I know we're not blood related, but try telling our hearts that. WHAT I WANT TO KNOW IS, IS THERE ANYWAY I CAN FIGHT FOR VISITATION. EVEN IF I CAN'T SEE HIM, IS THERE ANY WAY THAT I MAKE SURE HE'S BEING PROPERLY CARED FOR.
2 Answers from Attorneys
If you are not blood related, and the mother continues to have rights to the child, you are probably out of luck. It's the mother's child and she can do what she wishes. Best of luck.
In Maryland, third parties may petition the court for custody or visitation. Although generally an uphill climb, the outcome depends on the specific circumstances of the case. In order to prevail is such cases, a third party must first show that the biological parent is unfit or that exceptional circumstances exist. An example of this may be that the child resided with you for the last two years and formed a bond.
If either of those conditions can be met, then the court would determine custody on the best interest of the child standard. Here, the court considers a number of factors to make the determination, including parental character and fitness, where the child has been residing, how well the child is doing, etc. The biological father would also have rights, although it sounds like he is not in the picture.
Beyond custody and visitation, if you are concerned for the well-being of the child, you can contact the Department of Social Services in your county and ask that they investigate the situation.
I would recommend consulting with an experienced family law attorney to discuss your case in detail.
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