Legal Question in Family Law in Maryland
Custodial Parent
1) At the divorce hearing the husband was named as the custodial parent. When the decree was issued the husband did not read it, and as it turns out, the decree names the wife as custodial parent. The children have always lived with the husband, not the wife. It has been 3 years, can the decree be corrected?
2) The husband initially filed the divorce paper work on his own, but because of disagreement he had to get an attorney. As part of the initial filing he agreed not to go after the wife's retirement if she did not seek any of his. Because of disagreement, the husband had to get an attorney, and the attorney told him he was barred from seeking any of her retirement because of his initial filing, and that it could not be amended. Is this correct, and/or does he have any recourse?
1 Answer from Attorneys
Re: Custodial Parent
The Judgment of Absolute Divorce may be revised any time if there was a mistake made. Husband would have to file a motion with the court and would have to be able to reference some form of evidence of the mistake.
Regarding the retirement benefits issue, husband would not necessarily have been barred from amended his initial complaint depending on when the attorney got involved in the case. If it was just before the trial date, then amendment may not have been possible.
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