Legal Question in Family Law in Maryland
Father and new wife's custody/child support
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 see fit...We have filed through her county court system a year ago and still haven't heard anything and when my husband called they said it was delayed because of her. 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?
1 Answer from Attorneys
Re: Father and new wife's custody/child support
You didn't indicate whether the mother has legal custody or just kept the child when your husband and she parted company, or even if they were married or ever together as a couple. Assuming that she has court-ordered custody, your husband would have to file a petition to change the existing custody order, and to be successful, he would have to establish that circumstances have significantly changed since the current custody order went into effect. He would have to prove that the mother is not fit to raise the child and that he can provide a better living situation. Short of custody, he could petition the court for more frequent and regularly scheduled visitation with the child. Again, you said you "filed" something last year but didn't indicate what that was. If the matter has been pending for that long, something is wrong, and you should think seriously about retaining a family law attorney who can help you get the problem resolved.
Finally, if you refuse to return the child after a visitation in violation of court-ordered custody, you will be in violation of that order and you can expect a visit from the police.