Legal Question in Family Law in Maryland

Re: Divorce and rental agreement

I would resist his efforts to force you to leave, because this apartment has been established as your marital residence even though your name isn't on the lease. Based upon his adultery, you could immediately file for divorce. In your complaint you would ask for custody of the child and at the same time ask for exclusive possession of the apartment, meaning he would be the one who has to leave if granted. You would also ask the court to order him to pay child support and possibly spousal maintenance if you are unable to support yourself. These amounts can be deducted directly from his paycheck if he's employed.

Your husband can ask for custody, but it won't be granted because of the legal status of the lease. The court will award custody based upon what is in the best interest of the child.

I strongly suggest you seek a consultation with a family attorney, and if you income qualify, you may be entitled to a free attorney through the bar association in your county.