Legal Question in Family Law in Maryland
My brother has 4 kids 2 by way of his previous marriage and 2 others from previous relationships.he is very involved in all of the kids lives. the one child we will call him child 3, there used to be a child support order but the baby's mom dropped it because they worked out something outside of court.i believe they also have joint custody. anyways since child #'3 birth this woman has been a real issue. she's created fake facebooks, always prank calling and blocking calls.ofcourse she wont admit it but we all know its her.anyways my brother and her are not together and he started seeing someone else.a few weekends ago he had all of his kids at the pool and his new friend was hanging out with him at the pool.child #3's mother came to the pull i guess to swim and made a big scene once she seen that my brother was with another female.after that event she harrassed him all night via his cell phone making demands and such in regards to her son.the next morning she started again on the cell at 7 am. finally she came to pick up her son and tried starting an argument inside my brothers house where his other children were.he walked her to her car and according to him they were arguing and cussing at each other. he went back inside and the next thing he knew a cop was at his door stating that she called accusing him of spitting in her face and threatning her. the cop didnt take a report and my brother was free to leave. she has since put a protection order against him and a no contact order. he went to court today i guess for a hearing to see what would happen with his visitation with his son.the judge seems to have sided with her. now my brother cant see his son at all. apparently the judge is giving her time to figure out a "safe" place to meet up to visit with his son all because she lied and told the judge that her son is deathly afraid of my brother. my brother has never abused or laid a hand on a woman ever. what can he do? he is distraught and it seems as if his rights are being stripped for something he didnt do.he's being labled and he never did anything other then arguing with this woman.she's evil and she has harrassed all of us by way of facebook, fake emails, phone calls ect.
1 Answer from Attorneys
9 times out of 10, a judge will side with a woman who claims that she has been threatened or abused. A judge would rather keep a father from his kid temporarily than risk the father hurting the kid or the mother and then have egg on his face for siding with the father.
The answer to your question is simple -- (i) hire a domestic/family lawyer IMMEDIATELY, and (ii) do not make any more out of court agreements with the mother. A judge will treat the father much differently if the judge knows that an attorney represents the father. Sad but true. If your brother is serious about being part of his child's life, he should have no problem covering the cost of a lawyer.
Best of luck.******The above is for informational purposes and does not create an attorney-client privilege.******
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