Legal Question in Family Law in Maryland
My (now) ex husband conceved a child with another woman (who was also married) during our marriage. We are divorced now. The child was agreed to be given to the brother in law of the mother and his wife for adoption. The child is now 2 and my ex husband will not sign the paperwork for the child that he has no relationship with. His name is also not on the birth cert. He is unemployed, homeless and a multi time conviced sex offender. He is now planning to file for full custody of the little boy who has grown up being raised by a good stable family. He then plans to never let anyone else see the child. I think hes insane. The woman whos raising the boy is scared to death. Pretty much im trying to find out what the chances are this could happen and how can we prevent this unstable man from getting this little boy.
2 Answers from Attorneys
It's highly unlikely that your ex will get custody--right now he isn't even legally the father, although presumably a dna test could establish the bio connection. He would have to commit to paying for that test which it sounds like he can't and/or won't do. The court will do what is in the best interest of the child, which is to maintain the status quo. They should proceed with the adoption, hiring an experienced adoption lawyer for assistance.
Assuming that he would seek to obtain paternity, his likelihood of acquiring more than visitation is slim. However he could pursue shared or joint custody. This matter should be resolved now because the child may encounter difficulty later. The person who has performed the responsibilities as a parent should contact me. You should distance yourself from your ex-husband.
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