Legal Question in Family Law in Maryland

can he gain custody

my childrens father and i were never married but his name is on the childrens birth certificates I never filed for custody for the children through any court. do I have too? am I considered the legal and physical custody holder of the children since they live with me? what if he filed for custody of the children? do I need to file for custody now just so I have the proper documents and he just can't take our kids


Asked on 1/29/04, 11:38 am

2 Answers from Attorneys
Robert Sher Wagshal and Sher

Re: can he gain custody

It's always a good idea to have court-ordered legal and physical custody of the children, especially if you want the father to be legally required to pay child support. If he files for custody, you would counter-file and the court would then have to decide this issue. Right now, if he has the children for a visit, there's nothing legally preventing him from refusing to return the children to you when he's supposed to. You would then have to go to court to get custody back. This could become a real problem if you can't locate him, especially if he leaves the area.

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Answered on 1/29/04, 11:47 am
Joseph Laumann Law Office of Joseph Laumann, PA

Re: can he gain custody

Yes, it is a good idea to file for custody, visitaion, and child support in the circuit court in the county in which you reside.

If there is no order, the child's father can take the children and not return them, which would be a major problem for you and the child.

I would be happy to discuss this matter with you further.

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Answered on 1/29/04, 11:58 am


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