Legal Question in Family Law in Maryland

My fianc� is fighting for the custody of his son. The mother uses the court system to get whatever she can while hurting him as much. She pressed false charges and had a protective order placed with him kicked out of his home and place of business. Along with $20,000 worth of personal property stolen or sold. After a year of postponements and $800 per month in emergency famiy matience he was found not guilty. We filed for custody 5 days after the protctive order was up. Sence then the state has taken 3 months now to finally get the court date. With witness statements saying she is pretty much crazy and an alcoholic, she has recently moved to a diferent county an hour away. Child support had filed in harford county for her use of cash assitance and other government funds and consolidated our custody case to the paternity case. We had filed for a motion to transfer venue back to this county where it all began as well as a postponment because our lawyer doesn't represent that county. The mother has not, in over a year atempted to get transportation or a job so us while paying child support gas and tolls have to pretty much beg her to see his son. Her attorney has filed a answer to our motion. Can we file an answer back with the postponement granted or what can we do. All of the reasoning is a complete lie in the answer. The court has been on her side sence day one and we are tring to get some advice in our favor. Please help if you can. Thank you


Asked on 9/22/10, 3:35 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

There is no need to file another response to the mother's answer to the modification petition. If your lawyer can't handle the case in its current jurisdiction, have him/her refer you to someone who does practice there, as you will definitely need an experienced family attorney if you want to be successful in your effort to get custody. Your lawyer should be conducting pre-hearing discovery so you will be prepared when the case comes up for a merits hearing.

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Answered on 9/28/10, 6:36 am


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