Legal Question in Family Law in Maryland

Complex Child Custody Question

I am planning on going for sole physical and legal custody of my two children, one is 3 years old and the other is three months old. The father and I were never married and never lived together. He has never payed steady child support, and for a period of a year and a half moved out of the state and payed nothing, voluntarily abandoning my eldest. Since the birth of my youngest he has moved back to Maryland, gotten a job, and taken care of their needs on a more regular basis (as long as I do not make him angry), but still does not see them regularly . I feel he is emotionally incapable of taking proper physical care of them and will not allow overnight visitation, but he can see them whenever he wants. Because of this he has threatened to take me to court, but only wants physical custody of the youngest child, telling me I can keep the other. I refuse to allow them to be seperated and am left with no choice but to file for custody. The question is that I want to make my mother, who the children and I live with, their legal guardian at the same time that I petition for custody so that in the event that I die or am otherwise unable to take care of them custody would go to my mother and not to him. Is this possible for me to do?


Asked on 5/04/05, 3:45 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Complex Child Custody Question

No. You can't defeat the father's right to assume the parental role if you die. His rights are superior to those of your mother. The only exception would be if his lifestyle or behavior when in the children's presence was such as to create a dangerous or unhealthy environment for them. You certainly should win any custody battles with the father if he contests your petition, and you should request a court-ordered award of child support if there is not one already in place. The amount is determined by your respective incomes from a table established in the MD child support law.

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Answered on 5/04/05, 4:23 pm


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