Legal Question in Family Law in Maryland

child custody

I have a court order granting joint legal and physical custody of my daughter to her mother and me. In that court order, however, it does not specify when each of us has physical custody of the child. So far, we've just worked it out amongst ourselves, I'll have her for these days, you have her for those days, etc. I would like to go for full custody of my daughter. Am I within my rights to keep my daughter with me until a judge either grants one of us full custody or specifies which parts of the year we will have physical custody, respectively. Can I refuse to bring her back until a court date, or is that considered kidnapping?


Asked on 12/08/07, 8:57 pm

2 Answers from Attorneys
Robert Sher Wagshal and Sher

Re: child custody

First of all, unless you can point out a significant change in circumstances necessitating a change in the current custody order, it's not likely to be granted. For example, if things aren't going well for the child when she's with the other parent, or if she is now a teenager and wants to live full time with you, those grounds could justify a custody change. If you take it upon yourself to deny custody to your ex, you will be in violation of the current court order and will not stand yourself in good stead with the court, short of some emergency situation.

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Answered on 12/11/07, 9:40 am
Robert Sher Wagshal and Sher

Re: child custody

First of all, unless you can point out a significant change in circumstances necessitating a change in the current custody order, it's not likely to be granted. For example, if things aren't going well for the child when she's with the other parent, or if she is now a teenager and wants to live full time with you, those grounds could justify a custody change. If you take it upon yourself to deny custody to your ex, you will be in violation of the current court order and will not stand yourself in good stead with the court, short of some emergency situation.

Read more
Answered on 12/11/07, 9:40 am


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