Legal Question in Family Law in Maryland
Child Abandonment by father
My 8 month old son's father has only seen him twice, and held him once. The last time was three months ago. I'm worried about taking him to court for child support because he is unstable and unfit and I don't want the court to allow him custody. Is there a time period in which a child is considered abandoned, that the father can lose his parental rights? Also, he is involved in illegal activities-can that stop him from seeing my son if he decides to punish me for taking him to courtfor child support?
2 Answers from Attorneys
Re: Child Abandonment by father
The best interest of the child is the standard. By "illegal activities" I assume you mean drugs, if this is the case, then evidence of his invovlement is needed. You first need to establish paternity, which you should be doing anyway, and then file for a child support order. Abandonment may be a good basis for you to show that it is in the best interest of the child to live with you. Other factors apply.
Re: Child Abandonment by father
If the father is employed, you should definitely seek a child support order--but first you'll have to get a paternity order if you weren't married at the time of the child's birth. Although a parent is generally entitled to visitation irrespective of the child support arrangement, if he's a demonstrable threat to the safety of the child, visitation can be denied or at least curtailed to fit the situation, such as supervised in your home.
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