Legal Question in Family Law in Maryland

Custody

I have joint custody of my daughter with her mother. Seven months ago the step father put my daughter out and her mother agreed that our daughter could come live with me. Her mother is now demanding that my daughter come back to live with her. She has also threatened to call the police if I don't allow my daughter to come back and live with her. My daughter is currently enrolled in school in Maryland. She has indicated that she would like to continue to live with me until school ends. She has also done tremendously better in Maryland. She has constantly made honor roll, whereas in Virginia she got Cs and Ds. She had a dermatological issue, which her mother had not address, I have gotten that under control amongst other things (list to long for this message) Our child support case is currently in Richmond Virginia. What should I do if the mother comes to pick up our daughter? She has indicated that she is coming today. Do I have any rights? Should I contact the police, the courts in Virginia, Maryland, etc? Is our custody order still valid?.....Please all advice is appreciated. This is a pretty urgent situation.


Asked on 3/02/07, 3:01 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Custody

You didn't spell out what "joint custody" means in your situation. If you have joint legal custody but your ex has sole residential (physical) custody per a court order or a separation agreement, she would have the right to take your daughter back. On the other hand, if you have joint residential custody, then you could justifiably refuse to return your daughter. It sounds like you are going to need to go back to court and file a petition to change custody in order to make sure your daughter can stay with you. If your daughter is old enough, is she willing to tell her mother that she's doing much better in school and doesn't want to disrupt her school year.

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Answered on 3/02/07, 3:14 pm


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