Legal Question in Family Law in Maryland
My children's mother died and I have the children. Do I have to file for custody in Maryland even though we did not have a custody order in place?
Asked on 11/01/13, 9:12 am
1 Answer from Attorneys
Robert Sher
Wagshal and Sher
If you are the bio father and listed as such on their birth certificates, you probably don't. But otherwise, since (I assume) you weren't married to the mother, you have never legally determined to be their father, and you might have difficulty with such things as school enrollment, medical care, etc. You ought to consider consulting an experienced family attorney with the objective of filing a petition to establish paternity. This would result in your obtaining legal custody.
Answered on 11/01/13, 11:32 am