Legal Question in Family Law in Maryland

Re: do i have a chance ?

There are never any guarantees when it comes to custody of a child, but you likely have a chance if you are an involved, stable parent without a history of abuse, neglect or substance abuse (substance abuse is not usually a concern if you can demonstrate to the court that you have not used drugs/alcohol in quite some time and that you've cleaned up your act).

The sooner you file the better because they court may become concerned that the child has formed a parental bond with the maternal grandmother and may be reluctant to dramatically change the child's environment.

KEEP PAYING THAT CHILD SUPPORT. Child Support shows that you are a concerned parent that lives up to his responsibilities. Now, how often have you visited with the child? The answer to that question may be more telling of your chances than anything else. VISIT, VISIT, and VISIT again! You MUST show the court that you are an active, involved father. Go to his/her school. Get to know the teachers, let them get to know you. Get to know your child's doctors, and let them get to know you. I cannot stress the importance of visiting with your child.

The court determines custody of a child based on what is in the best interest of the child. The court looks to several factors when determining custody including the fitness of the parents; character and reputation of the parties; the age, health, sex of child; preference of the child if of a sufficient age; potential for maintaining natural family relations; residence of the parties; existence of voluntary abandonment or surrender of custody of the child by one of the parties; and material opportunities affecting the future life of the child.

As you can see, the courts look to so many factors that it is difficult to tell you whether you would really obtain custody. Each case is so facts specific that I would need to much more information from you to determine what your chances really are. Give me a call if you have any questions and I will give you an honest assessment.

Q: Do i have a chance? Answer - Yes

First and foremost...do not stop paying child support.

Second...the child has not been abandoned given the description you provide.

Third...it appears that things have changed and may enable you to gain custody.

Apparently a custody order was granted with you ex as you are now

paying child support. As the child's father, you may have a better case at

acquiring physicial custody over the maternal grand mother but the longer the bond

is allowed to grow the harder your case. I am available to assist you, call me at

(410) 799-9002. Be prepared to answer the question of what has changed, why your child is no

longer living with mother, and any adverse factors with new boy friend.

DISCLAIMER: NO LEGAL ADVICE IS PROVIDED HEREIN. ATTORNEY REQUIRES FURTHER INFORMATION TO PROVIDE LEGAL ADVICE.

WHEN FACING A LEGAL MATTER, THE BEST ADVICE IS TO ACQUIRE THE SERVICE OF AN ATTORNEY.

Re: do i have a chance ?

Your chance of gaining custody of your son depends a lot on the kind of relationship you already have with him. If you have had little contact befoe now, your chances are slim. If you have exercised visitation rights regularly and have been a strong figure in your son's live, your chances are good. As a general rule, the law strongly favors a parent over a grandparent as custodian of a child. Assuming there is an existing court order granting custody to the boy's mother. If so, you will have to file a complaint for a change of custody on the basis of a "material change of circumstance," in this case the change being that the child is no longer living with his mother. If there is any problem with the care provided by the grandmother or with the household in which the boy is now living, that will be relevant. Of course, if you file for custody because the boy is with his grandmother, his mother may quickly snap him back into her care to avoid the change you are seeking.

As for child support,you could file for a change in that since the child is not living with his mother any longer, but almost certainly, unless you are awarded custody, you would still have to pay child support, but to grandma. If the court gets the idea that you want custody simply to avoid child support, you will lose on both issues. If you have a genuine concern for the best interest of your son, and have shown it by your involvement in his life, you have a good chance.