Legal Question in Family Law in Maryland

Child left home without permission, what are responsibilities of custodial paren

My son who is 17, went to visit his grandparents for the summer, two weeks ago he came back to the house and stated that he was not returning home and proceeded to empty his room. My father who my son is living with is now threatening to take me to court for child support. Can he do this if my son moved out without my permission? As far as I am concerned it is like my son ran away, I never gave my permission for him to move out. I did let it happen at the time as I was shell-shocked and probably could not have stopped him if I wanted. Now however my parents are talking to lawyers and they are telling them that I have to pay them child support. This seems a bit ridiculous to me since he is there now without my consent. I understand that being 17 he can live where he wants and I have pretty much no control as I was told that if I took my parents to court to return my son the judge would do what my son wanted given his age and the fact that he is in no danger living there.


Asked on 8/16/05, 11:38 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Child left home without permission, what are responsibilities of custodial p

You didn't state who has legal custody of your son. Only a party having legal custody can receive child support. Moreover, your son is only entitled to child support until he turns 18 or finishes high school if before his 19th birthday. The father would have to petition the court for a change of custody or, if there is presently no court order regarding custody, for an initial order for custody, before he would be entitled to child support. As for your parents, they have no claim for custody just because your son prefers to live with them, and accordingly no claim for support.

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Answered on 8/16/05, 12:01 pm


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