Legal Question in Family Law in Maryland

Change in custody

I have a five-year-old son whom I do not have custody of, just visitation. Got divorced when my son was 8 mos. old with ex filing for sole custody. Ex then moved to MD. I live in AL. I then filed a motion for a change in custody, was denied due to the length of time that had passed. Then, he filed a motion in MD and during that time I was granted visitation. I am a stay-at-home mom with an excellent internet job and p/t teaching job and stable family life (have remarried). We attend church, are nonsmokers, nondrinkers. My ex is the opposite. He is living at home with his parents, working 3-11 p.m., with a live in girlfriend and 9 mos. son; he smokes, does not attend church, and has left the raising of my son to his mother. This last time my son came to visit he was so upset when returning him home. He says he only wants to ''visit'' his dad and live with me. He cries when I talk to him on the phone and states how much he misses me. Someone please help me - guide me to what my rights are as a noncustodial parent to get him back. He obviously needs to be home with me where I can raise him much better than his father can.


Asked on 4/09/02, 11:04 pm

1 Answer from Attorneys
Lisa Lane McDevitt McDevitt Law Office

Re: Change in custody

If the child is living in MD you need to file a case in the county in Maryland where the child lives. You would file a petition to modify custody based on the events you just described. It is important to document ANY information you feel is relevant so that you can present it to a MD lawyer to substantiate your case. At the hearing the court will look to what is in the best interest of the child. The fact that you are remarried with a stable income and are non-smokers and drinkers are good factors to present to the court. Do you have extended family in Alabama that the child could bond with as well? Would the child have a separate bedroom? Take pictures or better yet video of your house so that the judge can see how the child would live with you.

I you need more information please feel free to call my office at 301-652-0663.

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Answered on 4/10/02, 12:05 pm


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