Legal Question in Family Law in Maryland

Changing Custody

I have been divorced for a year now. My ex has physical custody and we share legal custody. My sons are 15 and 17 years of age. They have ask me if they can come live with me for they are miserable with their mom and her boyfriend. What steps do I need to take and how long does this action take. Also, can I get temporary custody until then. I am afraid of the mental abuse their mother will cause our two sons. Do they have a say in the matter according to the law.

Please help for I am concerned about the emotional and mental stress they are living day to day now with their mother.

Thank You,

Jim


Asked on 12/11/02, 12:52 pm

1 Answer from Attorneys
Lisa Lane McDevitt McDevitt Law Office

Re: Changing Custody

Is the custody arrangement that you have now already in a court order? If so then you must file a Petition to Modify Custody with the Circuit Court in the county in which the children live. The judge or Master hearing the case have the discretion to hear the children speak and usually will given the age of your children.

It is difficult for me to advise you if you would be able to receive temporary custody of the children pending the litigation because I would need to learn more about the environment the children are living in.

If I can be of further help, please do not hesitate to contact me.

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Answered on 12/16/02, 8:35 pm


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