Legal Question in Family Law in Maryland

Custody of minor sister - mother ill

My mother has been in the hospital since Jan 2001. My mom and her hubby live in NJ. Her husband went to jail last July and I had to bring my sister to MD to care for her. She has been living here with me since July 2001. Her father has been in several drug rehabs and is irresponsible. Right now, there is a warrant out for his arrest for unpaid fines related to driving without a license. He has a long, documented history (criminal record) of shoplifting and drug use. My mother has a long haul to get better and she will have to live in a nursing home. I would like to obtain custody of my sister. I have been providing for her, emotionally, physically, and financially. I put her in private school here in MD. Can I get an emergency hearing while her father is in jail? What steps do I need to take and what are my odds? How long will this all take? I have been allowing my sister to call her paternal relatives and am trying to maintain her contact with them. I let her visit overnight for Christmas. I can provide financially for her. I have been working at the same job since 1995, bought a house in 1998, though I am a 30 year old single woman.


Asked on 3/12/02, 1:39 pm

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

Re: Custody of minor sister - mother ill

Based on the facts that you present, it appears

that a viable alternative is equitable adoption which

is otherwise known as guardianship. Whether your sister's

father contests the matter bears strongly upon your

probability of success.

G. Joseph Holthaus

(410) 799-9002

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Answered on 3/21/02, 10:39 am
Robert Sher Wagshal and Sher

Re: Custody of minor sister - mother ill

Your chances of getting custody of your sister depend on how well prepared you are to convince the court that her best interests are served by granting custody to you, and also on whether or not the father contests your efforts. I assume you can get mother to sign something consenting to what you are trying to do. You didn't say how how old your sister is, but if she's a teenager, she can voice her desires about this to the court as well.

Custody matters are complicated and if you want to make sure it's done to maximize the likelihood of your succeeding, you should hire an attorney who practices family law.

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Answered on 3/12/02, 3:08 pm


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