Legal Question in Family Law in Maryland

Re: Father's rights in a child custody case when he didn't know about the child

Unless there is found to be some reason why the father, too, should lose his right to custody of his child, the father has a clear right to custody if the mother's parental rights have been taken away. The maternal grandparents may pose you in court and file for custody themselves, but a father's right is superior to that of a grandparent. You should find a good lawyer to represent you if you do want custody of the child.

Re: Father's rights in a child custody case when he didn't know about the child

Generally, A father has full parental rights to seek custody of his child. Depending on analysis of specific factors under the statute, the biological father's rights would normally be superior to that of the extended family. The DSS must attempt to notify the father prior to adjudication of SHELTER, CINA or TPR. You may already be a party to the case. You should speak to a lawyer about entering an appearance and seeking your parental rights to your child. You will be investigated and assessed to make sure you are competent and fit to care for the child in the child's best interest. If you are not a party already, you may "intervene" in the case to seek your rights, etc. You should get a copy of the file and seek the advice of a lawyer at once. You may call my office to arrange a free consultaion. My number is (301) 279-8773.

Nothing herein is to be construed as legal Advice. This reply is only general information. Individual legal claims are assessed on a case-by-case basis which requires specific information. -A.P. Pishevar, Esquire