Legal Question in Family Law in Maryland

Re: Child Does Not Want To Live With Biological Father

Its my opinion that not much can be done. The courts will always try to keep the child with the natural parents assuming there is no abuse or neglect.

Re: Child Does Not Want To Live With Biological Father

It is unfortunate that you do not get along with your nephew's father and step-mother. However, there is nothing to be gained by providing any encouragement to the child to "run away to come vist [you] in another state", as this would be against the father's clearly-expressed wishes.

What you can do, at this point, is attempt to "mend fences" with the child's father and step-mother, if that is possible. This will require tact, diplomacy, and patience on your part. Ultimately, however, it may allow you to participate in a productive manner in your nephew's life.

A 13-year old boy, whose mother died within the past year, is going to have many things to think about and will have a lot to adjust to, even if he didn't have a "new" father and step-mother in his life. But nothing in your question indicates that the reason that the boy is "unhappy" has anything to do with any bad parenting on the part of the father or the step-mom.

If you really think you want to take legal action for some reason, however, please contact me to discuss retaining my services.

Re: Child Does Not Want To Live With Biological Father

My advice: MYOB.

Re: Child Does Not Want To Live With Biological Father

At minimum you can petition for visitation. While the courts do grant biological parents a strong preference to decide with whom their child may visit, there are cases where the court has granted visitation to a non-parent over the objection of the parent.

You could also petition for custody, but quite honestly, there is nothing in your description of the case that leaves me hopeful you would win. I do think it does help your case, for visitation or custody, however, that the dad wasn't in the picture before. I would have to talk to you further regarding what are the specific complaints of the child and how uninvolved the father actually really was before I could sufficiently advise you.

Feel free to call me at 703-968-3974 if you would like to discuss this further. Good luck to you. This must be just heartbreaking for you.

Re: Child Does Not Want To Live With Biological Father

The answer to your quesstion may depend on the state in which guardianship was granted to the father. The question was identified as relating to both Maryland and Virginia, and I note that you have not received any answers from a Maryland lawyer. In Maryland, as in the other states, a strong preference is given to awarding custody to a biological parent. But since the boy is now 14 years old, the Maryland courts would give some sustantial consideration to the wishes of the boy. If he has what sound to a judge like good and valid reasons to want to be in your custody, or at least to enjoy visitation with you, you might prevail in an action for visitation or custody. But I would suggest that you examine honestly the reasons which the father may have for refusing to let his son see you. Is he allowed to see other members of his mother's family? Does he have contact with friends from his former home area? Is it possible that the father feels that you have been interfering with his establishing a good relationship with his son? This is not strictly legal advice, but I would suggest that you avoid making negative comments to the boy about his father and try, instead, to improve the relationship between yourself and the father, avoid negative comments about the father and his wife, and ask to be permitted to visit your nephew in his new home.