Legal Question in Family Law in Maryland

custody

an aunt & uncle were given court ordered custody15yrs. prior to 2 minor siblings a boy & a girl. 8yrs ago the son was given to the mom & 6yrs ago the girl was given to the dad.Dad never modified the custody they just went to a notary and signed a paper giving up there rights to the girl.The girl now wants to be w/mom. Is there a statute of limitation of the current custody arrangement or do I have to get all parties to sign off until I can modify the custody(6 mths) or just the aunt & uncle. Or can this be handled just between me & the father. The aunt & uncle truly want no part to do with any of it.


Asked on 7/08/09, 12:01 pm

2 Answers from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: custody

The case history and a many factors need to be reviewed. Several procedural aspects appear lacking. Contact me to discuss.

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Answered on 7/09/09, 10:53 am
Robert Sher Wagshal and Sher

Re: custody

To have court-ordered custody you will need to file a court petition to modify. The issue is what is in the child's best interest. While there is no statute of limitations, the stability of the current relationships is always a factor. Of course, if the father is willing to relinquish custody and there are no issues with regard to child support, you should be able to get court approval. If you don't go to court, some institutions may not accept a written agreement as legal.

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Answered on 7/09/09, 11:16 am


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