Legal Question in Family Law in Maryland

My daughter has shared / joint custody of her 9 year old son. My daughter and the father were never married. The judge made the decision to award 50/50 based soley on the request (during the hearing) of the father. She did not want this arrangement. The testimony of the father/ his significant other (now wife)/ and his parent were lies. My daughter filed and was granted an appeal. When it went back to the court the new judge made the details fit the questions of the appeals court and a chnage was denied. The father and step-mother disrespect my daughter in front of my grandson / at the school / in the community. They do not cooperate with school / medical / sports / coordination of activities. They refuse to add my grandson to their existing family health insurance plan, leaving my daughter to pay for health care (she is self employed) at full cost. The father and step mother do not arrange for my grandson to see his paternal grandparents on their weeks; my daughter makes time for his visits w/ them on her time - in the best interest of the child. Between a court appointed lawyer for my grandson / a court appointed therapist for my grandson / a parent , and my daughter's lawyer - nothing is being done. The father has choked my grandson / and kicked him in the stomach - child proctection has not done anything. The controling father / step mother and the court have made it nearly impossible for my daughter to make enough so support herself and my grandson (the father does not pay child support - he lied in court that her only makes $500.00 a month self employed as a waterman). I have paid for lawyers fees / hepled with her finanances - home / car / insurance ... and have now spent $150K plus (most of it borrowed). Isn't there something that could be done? It's plain wrong ....This is Queen Anne's County ... I don't think that in Anne Arundel or Calvert counties this would be allowed to continue.


Asked on 1/30/10, 4:05 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Unfortunately once custody has been court determined, it's difficult to change it. The law requires the parent seeking change to show a significant change in circumstances. This means that there has to be clear evidence of the kind of abuse you described, or the lack of adequate care. As far as the health insurance is concerned, any such cost borne by your daughter should be factored into the support computation. When one of the parents is self-employed it is often difficult to verify his/her income, especially if he isn't reporting his income on his tax returns (which your daughter is entitled to get copies of as part of the case). If the child is staying with each parent roughly equally and her income is no less than his, that is why the court decided not to award support either way. Finally, on the visitation issues, is these things can't be worked out between the parties, then she could ask the court to set up a more definitive visitation schedule.

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Answered on 2/05/10, 6:36 am


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