Legal Question in Family Law in Maryland

My dad has my son. He had me sighn A papper giving him temporay guardianship. He told me I had to do this so that my son could have insuarance. I have been trying to get my son back for almost two years on thear terms and it keeps getting worse and worse. He is now telling me that I will not ever get my son back and that I sighned for full guardianship. If I did he tricked me. I also fount out latear that my son was approved for medicade and didn't need my dads insurance after all. I want to get my son back. I have been trying to be patiant but my dad and step mom are telling me all this and I am scared. Is there anyway that I can get my son back? Pleas help me. I live in Indiana, and this case is in Maryland.


Asked on 12/23/09, 10:54 am

2 Answers from Attorneys

Robert Sher Wagshal and Sher

You will have to file a court petition here in MD to revoke the guardianship and restore custody to yourself. As long as you can prove your fitness as a parent, you should be able to accomplish this, as natural parents have priority over other relatives. You will need to engage an experienced family attorney in the county where your parents live to help you. If you cannot afford an attorney, you may be eligible for a pro bono (free) or reduced fee attorney. Contact the bar association in the appropriate county for more information and to see if you qualify.

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Answered on 1/02/10, 10:57 am
Phillip M. Cook Cook Legal Services, LLC

I agree with Mr. Sher. You will have file a court petition in MD to revoke your father's guardianship. The best thing you can do is obtain a local MD attorney who can do this for you. In addition to contacting the bar as suggested above, you may also consider calling Columbus Community Legal Services, which is a pro bono clinic offered through Catholic University Law School located in N.E. Washington D.C. They offer domestic and family law support for folks who qualify. Good luck.

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Answered on 8/13/10, 11:59 am


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