Legal Question in Family Law in Maryland

custody of my daughter

i have a 17 month old and her father has never changed her diaper or feed her

or been with her alone. i take care of her completey. i want to leave him and

i dont want him to have visitation wrights to her. he cant take care of her

himself because he doesnt know how. she is afraid of him and she wont let

him hold her or have anything to do with her. he drinks alot and is never home

to spend time with her. he says mean things to her and i think thats why she

is scared of him. would the courts make me give her to him on the weekends?

or could i get it so he could only see her with me there? i cant let him take her

out of my sight because he might hurt her. he also drinks and drives so i cant

let her in a car with him. please help.


Asked on 11/14/99, 10:32 am

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: custody of my daughter

The court will determine custody and visitation rights based on what it deems to be in the best interests of your daughter. If the evidence you present convinces the judge or hearing officer that your daughter would not be safe if left alone with her father, he/she can require that visitation be supervised--that is, that it take place in your residence. As the child gets older and if your husband "cleans up his act", the parameters of visitation can be changed. It is unlikely that you can prevent all visitation, as courts are very reluctant to destroy the relationship between a child and her parent absent compelling circumstances requiring it (such as physical abuse toward the child).

You should also be seeking court-ordered child support from the father, regardless of the outcome on the visitation issue. I strongly suggest you get an attorney who handles family law cases to help you. If money is an issue, you may qualify for legal aid. Look up the legal aid office in your area and make an appointment. If you don't qualify, you may be eligible for an attorney at a reduced fee through the lawyer referral service in your county.

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Answered on 11/17/99, 2:04 pm
Lowell Wilson Law Office of Lowell G. Wilson

Re: custody of my daughter

This is not a situation to try to handle yourself

with the help of an on-line lawyer. You really need

to talk to a lawyer in person and go over all your

options with her/him. The courts have a preference

for granting parents visitation, but if you can make

a strong enough showing you might be able to have that

limted to supervised visitation or, if you *really*

make a strong showing, you might even be able to

get visitation prohibited. But the later is *very*

unlikely and you will need lots of help to get

the former.

Please call a lawyer to discuss this. If you are

afraid you can't afford one, call me up and I will

help you figure out whether you might be able to get

legal aid help or help through a network I am part of

called Civil Justice (a group of lawyers who take

on reduced fee cases for people who simply don't have

the money to pay the regular fee).

Lowell

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Answered on 11/17/99, 2:05 pm


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