Legal Question in Family Law in Maryland
When I got divorced 3 years ago, my ex wife got custody of our little girl, now 12. She hasnt made a mortgage payment for over a year, even though the mortgage is still soley in my name, and is now loosing her house. She has no plans as to where shes going to move with my daughter and I am worried. Would this be grounds for me to file for temporary emergency custody?
1 Answer from Attorneys
Temporary emergency custody is generally granted where the child is in danger of imminent harm. I understand your worry, but it is difficult to tell from the facts you gave how imminent it is that your ex-wife will be forced out of the house and, as you say, you don't know what she will do if she is forced to leave. If she were to go live with family, for example, or find an apartment, a court would likely not find that imminent harm is likely. That all said, however, if the initial custody determination was based on the fact that your ex-wife was able give your daughter a stable living situation, you may have a basis to seek modification of custody on the grounds of changed circumstances. If you are serious about this, an experienced family law attorney can help you prepare the papers and guide you through the process. Feel free to contact me with any questions. Good luck.