Legal Question in Family Law in Maryland
Child Custody
My wife and I have been separated and living apart since May of 1998. We drew up our own separation papers and worked out visitation arrangements for our 5 yr old daughter. Since that time, she has moved numerous times from out of state to interstate moves without warning or providing very little. Since this isn't specified in our papers that she can't...she can do whatever. My attorney recently advised that since our paper work isn't filed within the state of MD. that we're both entitled to the same parental rights. I have my daughter for the remainder of the summer and my attorney advised not to give her back. I went to the district court to get help filing for emergency custody or just plain temporary custody for that matter. Social services could not help me and I can't file an expartee order either. I am concerned for my daughters welfare and well being based on her mother's job instability, moving from state to state and boyfriend to boyfriends house with my daughter in tow! I am supposed to return my daughter to her mother next week. Fore my daughter's sake...I can't. What is a father to do?
2 Answers from Attorneys
Re: Child Custody
A separation agreement is a generally binding contract between a husband and wife, which becomes enforceable as an order of the court when it is incorporated into a judgment of divorce. Until that time, it is still a valid contract. There are three issues, however, over which the court always has the right to disregard the terms of the agreement: custody, child support, and visitation. I am assuming that you live in Maryland. If so, I would suggest that you file a complaint for divorce or, if you have a reason for not wanting a divorce, a complaint for custody, in the Circuit Court (not the District Court) in your county. Attach the separation agreement as evidence of your mutually voluntary separation, and include allegations that your wife's conduct since the agreement was signed, including the frequent moves, is a "material change of circumstance" justifying you in disregarding the custody provision of the agreement in the best interest of your child. Don't do this without an attorney. It isn't as simple as it sometimes sounds.
Re: Child Custody
There are to many facts that have been left out. If there is not custody
determination and no divorce has been filed, you need to see an attorney
immediately. You might be eligible to file a complaint
in Maryland for custody.
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