Legal Question in Family Law in Maryland

Drug use and child custody

Child involved is 12. Bio Mom with drug history now has cusdody after 12 months clean. Bio Dad and step Mom raised kid from birth to 10. Bio Dad dead for 2 year from suicide. Boy 12 now says Mom back on drugs but refuses to testify because Mom told him that if he went back to stepmom she would kill herself. Where can we can help to return child to stepmom. What are options? Can Bio mom be declared unfit? What does it take? Somone please point us in the right direction.


Asked on 10/20/99, 11:02 am

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: Drug use and child custody

It is difficult to remove a child from a natural parent in favor of someone other than a natural parent, although at least in this case the stepmother performed the maternal function for much of this child's life. I suggest you contact social services in your county and ask for an investigation. This could lead to a neglect petition being filed against the mother by the juvenile division of the state's attorney's office. If the investigation supports your suspicions, you may have the basis for filing a petition to change custody.

You should definitely seek legal assistance from a competent family lawyer with this problem.

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Answered on 10/22/99, 4:52 pm
Lowell Wilson Law Office of Lowell G. Wilson

Re: Drug use and child custody

This is a very complicated case that needs to be

dealt with on many fronts. You need to start by

finding a lawyer. This is one of those that are

just too complicated to be dealt with on-line.

If you are in my area please feel free to give me

a call. Initial consultation is free. Even if you aren't, give me a call anyway

and I will put you in touch with someone close to

where you live.

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Answered on 10/22/99, 7:39 am


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