Legal Question in Family Law in Maryland

Is anything fair?

I have waited two years for a Judge to make a decision in my custody case. She ordered investigations from different agencies. The investigations said best intrest was with me, the father. When I recieved my order the Judge gave me costody during the school year (10 months) and her the summer (2months) along with some holidays. The order also said we take care of our child during the time we have him and neither parent pays the other child support, also that I pay 2/3 of any medical bills and the mother 1/3. How is this fair? I have him all the time and she doesn''t have to pay squat? Also the Judge put in her opinion that we can't get along in joint custody situation but put us in one. that's a contridiction. What's up with this? A father proves his fitness but still gets the raw deal?


Asked on 6/08/02, 8:57 am

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: Is anything fair?

Since you got the lion's share of the custody, I don't see why you think this is a "raw deal". Judges always try to strike some kind of balance so as to try and maintain the children's relationship with both parents.

As for child support, this is supposed to be based on the relative incomes of the parties and the application of those incomes to the child support guidelines. If you make significantly more than the mother, this may be the basis for the judge's ruling on support.

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Answered on 6/11/02, 10:34 am
Carolyn Press Chung & Press. P.C.

Re: Is anything fair?

It's impossible to indicate whether the cusody and child support ordered in your case is fair without knowing more of the details. You have custody for ten months out of twelve and she has custody for two months and some holidays. A more typical custody and visitation schedule would have given her alternate weekends and at least two weeks during the summer,and some holidays. She actually has less time with the child than she would with that more typical arrangement. I suspect that the judge did that because you live some distance apart and bi-weekly travel is not practical. As fora child support, that is, by law, based on the relative incomes of the two parents. If your income is significantly more than hers, the judge's decision makes sense. If the child support is not based on the statutory child support guidelines, you should be able to return to court at some point and win a change which would require the mother to pay some support.

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Answered on 6/19/02, 10:59 am


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