Legal Question in Family Law in Maryland

Whats the expected ruling

The Mom and dad were never married. dad claims mom got pregnant by going to a fertility clinic. Mom has good job, homeowner, primary provider of child since birth. dad has not worked since child was born. dad has been voluntarily unemployed to take online classes full time. Father currently looking for work and lives with girlfriend who helps him pay his child support. dad expects to have full time prof job by next court date. dad did not began seeing child regularly until court ordered visit (child was 10 mos old). Father visits child EOW and has paid all ordered CS. Only missed one visitation weekend. Mother and father do not communicate, call and barely email each other. Father wants full custody. Father filed false contempt complaint on Mother for denial of visitation (mom answered door late), but the letter contained more venting about court, CS, visitation too short, fertility clinics, DNA results (after dad admitted in court he was the father). Mom was only late a few times answering door for pickup but has never denied visitation. Mom wants full physical and legal custody and so does dad. they live 40 min away from each. What is the likely outcome of this situation regarding physical and legal custody?


Asked on 6/03/08, 8:20 am

2 Answers from Attorneys
Robert Sher Wagshal and Sher

Re: Whats the expected ruling

Courts are reluctant to change custody absent a compelling reason to do so, and on the facts you presented, mom certainly has the far better case for physical custody. As for legal, judges tend to grant joint, but if mother can convince the judge that father is not very communicative, she has a chance at full legal.

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Answered on 6/03/08, 4:28 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Whats the expected ruling

The contempt charges have not been decided. Custody may be modified.

In order to better serve your interest, an attorney should review the complaint and have informed knowledge of matters concerning the best interest of the child. Decisions at this point in litigation may have significant effect with future actions. Contact an attorney for representation.

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Answered on 6/03/08, 11:06 pm


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