Legal Question in Family Law in Maryland

Child Custody

When I left my boyfriend four years ago I left my son with him there is no legal agreement between us. He allows me to visit him whenever and I pay child support. My ex now says he is moving to West Virginia and taking my son with him. I don't have a lot of money to fight him in court for custody which is why I left my son with him four years ago. My son does not want to go to West Virginia he wants to stay with me. He is now seven years old. Can a judge block my ex from leaving the state or do I have a chance of winning custody even though I left my son four years ago?


Asked on 7/13/99, 10:46 pm

2 Answers from Attorneys

Lowell Wilson Law Office of Lowell G. Wilson

Re: Child Custody

I know you don't want to hear this, but you really

need to talk to a lawyer about this. I need a lot

more information about your case before I can answer

this, but the short answer is that, no, you won't

be able to stop your boyfriend from leaving the

state, but yes, there is a chance you can stop him

from taking your son.

Is the boyfriend the father? Do either of you have

any problems that might make you unfit? Have you

had regular contact with your son over the years?

Do you live near where he lives now? These are just

a few of thw questions I would need to discuss with you.

Feel free to give me a call or send me e-mail to discuss

this further.

Lowell

New address is [email protected]

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Answered on 7/19/99, 5:10 pm

Re: Child Custody

You should get an attorney, and file for custody immediately.

A judge would be required to consider, among many other possible considerations, whether it is in the best interests of your child to live with his father in another state, or to stay in Maryland, with a change of "physical" custody from living with his father to living with his mother. Because there are many considerations which you may not be aware of (I mention the most immediate issue, but as I said, the Court may consider many factors), it is highly advisable that you seek the assistance of counsel who can explain all of the issues to you.

You can call the bar association to see if you qualify for low fee attorney programs, or call around to see what attorneys will work for you on a sliding scale fee (meaning, basing their fee on your income, so that you are able to afford the services).

Good luck, in whatever you decide to do. You are welcome to contact me further. [email protected]

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Answered on 7/19/99, 9:12 pm


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