Legal Question in Family Law in Maryland

Custody

My son and his girlfriend have a 19 month old child. My son has been out of work for a little over 2 years. Has babysat the child from 6 weeks of birth, 5 days a week and every other weekend until February 1, 2005. The only time he did not babysit fully was in December, 2004 when he had an emergency apendicities operation and since end of February when he had spinal fushion of 2 disks in his back. He has been giving mother $50 a week and sometimes more when he has the money. He buys diapers ever 2 weeks, clothes, etc. Son has moved back home because of injury, workers' comp problems, not being able to pay his rent, etc. Mother has been calling my house 5, 6 times a day, everyday, complaining about needing more money. She has even called at 2 a.m. and once called 30 times, one after another until we disconnected the phone. She has left wild, ranting messages on our answering machine. She is driving my son and me crazy. She is threatening to go to child support. Son would like full custody of his daughter. At this point, we believe the mother is a ''nut.'' If mother goes to child support, would they decide there the custody issue? Do we need an attorney? Approximately how much would this cost?


Asked on 5/10/05, 3:02 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Custody

If the child is eligible for public assistance and the mother applies for it, the government will file a paternity and support action against your son to establish a legal obligation on his part to pay child support. Unless your son's inability to work is related to his physical condition, the court will determine a level of income that he should be earning based upon his work history. Using statutory guidelines, and factoring in the mother's income, the court will then determine his support obligation.

The mother could also file a private action to establish paternity, custody and support. Your son could seek custody of his own, but his inability to support the child because he doesn't work would not work in his favor. If you can afford an attorney, you should definitely hire one, but a contested custody battle is going to cost thousands. He may be eligible for a legal aid attorney or a pro bono (free) attorney through your county bar association.

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Answered on 5/10/05, 5:33 am


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