Legal Question in Family Law in Maryland
Custody Modification
My ex has custody of our two girls,thru agreement. I went to visit them to learn he hit our oldest with a belt leaving bruises on her,also he and his present g/f are verbally abusing her,there not allowed to talk about me in the house but have to sit and listen to him and her speaking bad of me.He threw cold water in her face to wake her up because his g/f said she forgot to do dishes.I know that because she is 17 the judge will listen to who she wants to live with but I also have a 10 year old who lives there and I am trying to get her as well.my son when he was 14 got hit by him with his fist should i bring him to court as well? he has both scared to talk and both want to live with me,is there anyway they can speak to the judge in private instead of in front of there dad? I dont have a lawyer *cant afford One*..thank you
2 Answers from Attorneys
Re: Custody Modification
The judges are always reluctant to have the children brought in, but have the right to, and will do so when they think it is necessary. And, the judge can speak to the children out of the presence of the father.
Re: Custody Modification
It isn't clear whether you will be in court in Maryland or South Carolina. I can't speak with certainty about South Carolina, but in Maryland any judge will talk to the children privately, with neither parent present, if you request it, so long as the children are old enough (there is no statutory age that is "old enough," since children mature at different rates, but your children are both old enough). That does not mean that the judge will order what the child wants, but in a situation where the custodial parent has been abusive the report of the child will carry a lot of weight.
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