Legal Question in Family Law in Maryland

Re: Custody

I find it hard to believe that any lawyer would tell you that MD fathers have no rights. That is an idiotic statement. Any lawyer who told you that doesn't know the first thing about family law and you should avoid taking any advice from him or her.

MD law recognizes no distinction between parents based on their sex as far as who is entitled to custody rights. The standard is: what is in the best interests of the child? This is especially so when it is a teen-ager, as in your situation. If you feel your son would be better off with you, you can file a petition to change custody in the circuit court which has jurisdiction of the case or where you live. You should retain an experienced family attorney who knows the law and what evidence is necessary to present your case in the strongest way. Obviously this will require a financial commitment on your part for legal expenses, but if you now pay child support to the mother, that will end if you are awarded custody, and in fact you can ask the court to order her to start paying support if she has a source of income. If you would like to discuss this matter in greater detail, I would be happy to meet with you in my office.

Robert Sher

301 986-4555

Re: Custody

A child of 14 years of age can be left alone, and that is the law. However, if you can show that the child is being neglected or would otherwise be better off with you then you may want to file for a hearing. A private investigator may be a good idea and you should hire such through an attorney.

Re: Custody

Many years ago Maryland enacted an equal rights amendment to the state constitution, and men legally have equal rights to women, including rights to custody. It is true that in many circumstances, particularly involving extremely young infants and nursing mothers, courts tend to favor the mother's claim to custody. Tradition changes more slowly than the law does. But it is not true that a father can't get custody of his child. If the situation is as you describe, you can file an action for a change of custody and, if your evidence is convincing, you should win. You will need to show that since the original order there has been a change of circumstance which makes it in the best interest of your son to be in your custody. That cange of circumstance could be simply that the mother is not meeting her responsibilities in the way which was anticipated at the time she was awarded custody. It could be that the child is older and not thriving in his mother's custody. After you demonstrate that there has been a change of circumstance material to the interest of your son, you then will need to make a case that you can (and will) provide a better environment for him. I advise you to retain a good lawyer who has a significant part of his practice in the field of family law. It is very difficult to go to court with a custody claim and no attorney.