Legal Question in Family Law in Maryland

Child Custody

My sister and her ex-boyfriend were raising his son (the father is a drug addict and they are no longer together), he currently resides in a Recovery house. My sister is concerned about the baby, who is currently with his grandparents. My sister is not the biological mother. The baby was abandoned at the hospital my his mother. My sister has helped raise him (he is 18 months old). What steps would my sister have to take in order to get custody of the baby? Ex-boyfriends parents want her to have custody also. My sister was abused by boyfriend and she financially supported him and his son. (She has proof) also proof of abuse. Unofortunately she never pressed charges for the abuse (too scared and wanted to protect the baby). Ex-boyfiends parents totally support my sister and have no problem helping her get custody of the baby.

Does she have any legal ground to stand on?


Asked on 3/07/05, 3:20 pm

1 Answer from Attorneys

Mark Johns Mark Johns, Esquire

Re: Child Custody

The situation you describe is rather complex but I will try to provide a simplified answer. Under the law she would have no standing. However, under equity she may be able to win custody. The theory she would advance is that she has equitably "adopted" the child. While the support of the boyfriends parents is helpful, it is not enough to guarantee victory. I offer free consultations.

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Answered on 3/07/05, 3:56 pm


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