Legal Question in Family Law in Maryland

Custody and CS

I have a 1yr old. Custody has been in court since he was 3 mos old. Ex and I were never married and broke up prior to his birth. I have been the primary caregiver since birth. Ex has not provided any financial or emotional care to the child until court ordered visitation and CS. I requested full physical and legal custody from the court. The ex (father) countered asking for DNA test, full physical and legal custody as well. Father recently started working temp work study job. Min. wage salary for him was used for CS. I have a house, very secure job with decent salary, and good family support system. Ex has temp employment, no family here or close by, and he has another child that he never visits or contacts or pays CS (although he has court ordered CS and visitation). Is he likely to get full physical and legal custody? I�m concerned he will request to move to his hometown if granted. If I am awarded physical custody, can I ask the court to impute a higher income based on a salary he can make with his new degree? Can his actions with his other child be used in this case. I don�t see why a court would award custody to a father that does not provide any emotional or financial support to his other child.


Asked on 4/02/08, 3:01 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Custody and CS

Based on the facts you presented, it seems most likely that you will be awarded custody. His history with his other child can be brought out to support your position. As for child support, if you can demonstrate that he is capable of earning more than he actually is, based on his prior work history or training, you could ask the judge to make him pay more support. Even if you don't get it, you can come back later when (and if) he starts working full time at a better salary.

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Answered on 4/03/08, 2:42 pm


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