Legal Question in Family Law in Maryland
Custody reason
My girlfriend and I have had a son. He is 2 months old and I have signed the Paternal Affadavit.
She now wants sole custody ''for his protection'' and claims it is only for medical situations that would require the signature of both parents/guardians
I live in Virginia she lives in Maryland. Our son resides with her full time and I pay child support in an amount we have both agreed to.
I am assuming the custody is joint because neither of us have filed for any specific custody and the child support is ''voluntary'' (not court ordered).
I don't want to give my part of custody up. I'm not sure what rights I am actually giving up when I do this.
I understand if a situation arises where signatures of both parents would be required it would take some time for me to come up to sign.
Is there a way to allow her the right to sign for both of us?
1 Answer from Attorneys
Re: Custody reason
It sounds like what you are looking for is joint legal custody. This status would give you the right to participate in major decisions regarding your son, such as his education, religious upbringing and medical care. But you need to have that spelled out in an agreement with her, or failing that, petition the court in the county where she lives to grant that status. As for everyday issues, such as signing medical papers for routine treatment, you could give her a power of attorney.
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