Legal Question in Family Law in Maryland

I would like to know what can I do to file custody for my two children. They have been living with my mother and I since 2006 and their mother lives in Decatur, GA. I am trying to file for custody but the mother will not give me her address so I can. She says she is NOT signiing over her kids. She hasn't seen them in almost three years, and has not sent them a birthday card, no xmas gifts NOTHING since 2006. I need to know what can I do. I wanted to file for the divorce and put the child custody with that but she says she is NOT signning that divorce paper so I will be wasting my time sending them so I was thinking can I file for the custody first then file for the divorce after I am granted custody.


Asked on 4/09/10, 6:12 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

You should be able to find your wife's address through a search engine--I have one I use all the time which is very good. Then you can file for both divorce and custody here in MD. You will have to find a process server in the Decatur area to serve her with the papers, but that shouldn't be hard. Since you've been apart for over 2 years, it will be easy to prove the grounds for divorce, and if she wants to fight for custody of the children, she would have to come up here and do so. Since they have been with you for 3-4 years and she has shown no interest in them, you will almost certainly win this battle if she tries to fight it. You can also ask the court to order her to pay child support and if she is employed, you can get an order requiring her employer to send the support payment out of her paycheck to you. You should engage a family attorney to help you with this project.

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Answered on 4/14/10, 6:31 am


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