Legal Question in Family Law in Maryland

Father and new wife custody/child support issue

I wasn't specific in my first post...My husband has a 4 year old son who lives about 45 minutes from our home and we only get to see him when the mother sees fit there is no court custody established she just has filed for child support.The two were never married or anything they just when the child was born since they weren't together and she kept the child at her mothers house in the room with her they had an arrangement that as long as he would still please her he could see his son now that he has been involved for a year with another woman that is no longer the case.We have filed for joint custody through her county court system about year ago and still haven't heard anything and when my husband called they said it was delayed because of her. HIs son has his own room in our home and we barely see him once a month.We are wondering how in the state of maryland a father can get sole physical and legal custody of his child? And if we get him finally one weekend can we rightfully keep him and enroll him in schools in our area? Also there is a matter that she took him to court for child support so how will that work out with custody?


Asked on 1/17/06, 1:37 pm

1 Answer from Attorneys

Change Custody

This is an execellent example of how a lawyer could have helped. In reply to the support increase should have been filed a cross complaint for custody/visitation. This will get you in Court faster than filing a separate request for custody/visitation. Your chances of prevailing are greatly diminished without a lawyer. Interrogatories and request for documents should be filed to get backgound on Mother to use in your request for custody. The longer she has custody, the less chance the Court will change to the father.

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Answered on 1/17/06, 3:15 pm


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