Legal Question in Family Law in Maryland

Re: what are my changes

You pose an unusual scenario and some interesting questions. I guess technically you could be considered the child's stepmother, although you didn't attain that status in the usual way.

As for custody, I think the odds are against your husband and you, although as the father he has the right to seek custody and it will be granted to whomever the court things would be in the best interests of the child to be with. I'm surprised she went to NJ to file for support since the child's now living in MD, but maybe the NJ law is more generous. Has your husband given any support to the child since birth, or had any visitation? That will impact on your chances. The child likely has bonded closely with its mother since birth and the court will be reluctant to uproot him/her from that relationship unless he/she's not being well cared for.

Re: what are my changes

If the child lives in Maryland she should be filing the action in Maryland. You can obtain custody only if you can show that it is in the child's best interest to be with the two of you. Are you a stay at home mom? Have you bonded with the child? There are many, many factors to consider. She has a strong case for custody since she has been the primary caretaker. Most courts do not like to uproot the child from its primary caretaker. Also her attorney will attack your marriage as weak and vulnerable to a breakup and use the affair as evidence of its weakness. You really do need to speak with an attorney on cases such as this because they are far too complicated to respond in an email. If she has filed in NJ then speak to a NJ attorney but she should have filed in MD. If so, speak to a MD attorney.