Legal Question in Family Law in Maryland

child custody

I caught my husband with another woman in my bed on October 31, 2006. My oldest daughter was a witness. I told him to get out. He did, said he didn't want anything from me, didn't want anything to do with the kids (we have three, 14, 6, and 1 years.) He promptly moved into a house that was a crack house. He has been on and off drugs and alcohol throughout our entire marriage of 13 years. He abandoned me, his father kicked me and our children out of the house we were renting from my father in-law. Now my husband lives in Virginia, I live in Maryland. My son, who is 6, went to see him this past weekend and I get a feeling that my husband is going to try to get custody of him. My husband has a girlfriend and lives with his mother. Is this possible? I am afraid to let the children visit him because of his on and off drug/alcohol abuse. My 15 year old daughter refuses to see him. I am trying my hardest and would be only too happy to let him see the kids with my supervision. I am worried that he would try to take them to hurt me. Please give me some advice. We have not been together sexually for over two years. When can you claim that you were separated in order to proceed with divorce proceedings?


Asked on 3/25/07, 9:17 pm

3 Answers from Attorneys

child custody

Each case is different, and you should not take any action without discussing it face to face with a lawyer. If you are concerned for the safty of your children, or fear your husband will not return the children, do not let him visit. To protect yourself, you can file for a limited divorce and ask the Court for supervised visitation when your children are with your husband. You can ask that visitation take place in Maryland only. Talk to a divorce lawyer, like myself, to make sure you and your children are protected.

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Answered on 3/27/07, 3:47 pm
Thomas Brown Law Office of Thomas K. Brown, LLC

Re: child custody

In Maryland, there are several grounds for absolute divorce. Adultery is one. That you have not been intimately involved for over two years is another possible one.

I'm sure this is not the answer you wanted but you really should speak with an attorney. There are many issues here and a lot is at stake.

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Answered on 3/25/07, 9:33 pm
Bill Wood Law Office of William C. Wood, LLC

Re: child custody

You can file for divorce and custody immediately on grounds of adultery. You will need to have corroborating testimony to prove the grounds.

Alternatively, you can file immediately for limited divorce (essentially a legal separation) and ask for custody of the children. Based on your concerns, the court may require supervised visitation for a period of time. Once you have been separated for a year, you can amend the case for an absolute (final) divorce.

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Answered on 3/25/07, 10:42 pm


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