Legal Question in Family Law in Maryland
Custody given to non-bio step dad who had not adopted
A friend of mine recently lost custody of her daughter whom she had brought into the marriage when the child was one year old. The new husband had not adopted the child. My friend and her husband had two children of their own during the coarse of the 11 year marriage.
At the final court proceeding the judge decided that both parents were equaly fit to raise the children and that he based his decision on custody by asking the oldest child (the one brought into the marraige) who she wanted to live with. She selected the Non-Bio Dad. The judge awarded custody of all three children to the Husband.
My questions are, is it legal to awared custody of a child to a non-bio third party when the Bio-Mom has not been deemed unfit, and the Bio-Dad and Bio-Grandparents are still in the picture. And how can my friend remmedy this situation within her limited financial means?
1 Answer from Attorneys
Custody given to non-bio step dad who had not adopted
While I'm not licensed in your state, I do a great deal of domestic work and it sounds as if the judge in your friends case was completely off base... but your friend is going to need a lawyer to get the decision changed and she needs to get one IMMEDIATELY before the decision becomes final and it is too late to either appeal or file a Motion to Reconsider. I have some good caselaw I could share with her attorney, and I'd be happy to tal with her by phone if she would like, but she HAS to get an attorney on this immediately!!!
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