Legal Question in Family Law in Maryland

I was granted a divorce from my husband in June of 2009. During which time, a custody agreement was put into place with my being the primary caregiver/sole physical custodian. Recently (about the last two months), my ex husband has started saying that our young son (7) tells him he wants to live with him. I told him that I didn't think it was in our sons best interest to do that because he's been in a routine for the last 4 years (since his father and I were separated) and he's well established in school etc.

He's now threatening legal action against me if I don't let our son go live with him. I don't abuse drugs, I don't drink, I don't even smoke cigarettes. He wants sole physical custody.

I suppose what Im asking, is , what are the chances of me losing my child?


Asked on 9/16/10, 12:38 pm

1 Answer from Attorneys
Richard Lebovitz Richard D. Lebovitz, Esquire

In Maryland, custody can only be modified based upon a material change in circumstances and if it is in the best interests of the child. Based upon the facts stated above, you and your ex both agreed to the current custody arrangement. Your ex must now show the court what the material change in circumstances is and why it is in your son's best interest to switch custody. Now it also depends on what the visitation schedule has been between father and son for the past year or so. From the facts presented it appears father is more concerned about a reduction in child support? Please contact a Maryland family law attorney for more information.

Good luck

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Answered on 9/21/10, 1:15 pm


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