Legal Question in Family Law in Maryland
My daughter has been kept from 2 of her children to her first marriage for 4 years. She has legal custody, but each time it is awarded to her, the father has complied for a few weeks and then taken them away, despite the order of the court. He has been back to the court many times to answer to his disobedience regarding custody. Each time, he has gotten no more than a verbal reprimand. Each time my daughter gets custody, he obeys for a few weeks, takes them and then she has to take him to court to get them back again. This kept happening.
About four years ago, she had nothing left to pay for the fees. She had mortgaged her home, spent all her savings and had no money left to pay a lawyer to enforce the court�s ruling. She has been told it will cost thousands of dollars to do so and she has exhausted all her funds. She felt penniless, defeated - and most horribly... robbed of her children with nowhere to turn.
The father has legal coverage as a benefit of his job, so it only costs him time. He continually refuses to allow her or her family to be a part of their lives.
Recently, my grandson, who is now 17, called my daughter and asked her to meet him so he could give her a ticket to his graduation. (No one had been invited from our family because his father had forbid it.) She was elated and got to see him for a half an hour. They hugged, cried and it was a bittersweet reunion. Later, she went alone and watched him graduate. As a grandparent, I can�t even begin to tell you how heart-breaking it was not to be there, but went vicariously, knowing at least she could see him. Sadly, right after he graduated he was whisked away by the father and his family before she could congratulate him. She also had to endure seeing her daughter, who is now 14, from a distance while there. Naturally, she wasn�t allowed to approach her either.
What recourse does she have? I don�t understand why SHE has to pay the court to make him pay for this. What good is a court order or contempt of court? Why does it cost a person so much to enforce the law? Does this mean low income families will never be able to afford justice even when the court orders it?
We, as a family, have all suffered because of their absence. Their siblings (2 younger sisters) have also required some counseling to deal with the emotional stress of losing their brother and sister. My heart goes out to my daughter who has suffered the most through all this.
She would have continued to fight had she not been told there is no hope without money. I can�t believe that. Surely, the court does not respond to money so much as justice. What options does she have? Please help us.
1 Answer from Attorneys
If your daughter income qualifies she could get a pro bono attorney through the legal services program of your county bar association. If she doesn't qualify for a pro bono, she might for a reduced fee attorney. The 17 year old is old enough to arrange direct visitation with his mother and in fact at 18 will be an adult. The 14 year old is old enough to have a say in who has residential custody, so if your daughter files for a change in custody and in the alternative for a structured visitation schedule, and the daughter supports her, she might be awarded this in court.
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