Legal Question in Family Law in Maryland

My husband and I want to file for custody of his 8 yr old daughter. He and her mother have never been to court concerning her welfare. Her mother has legal custody (my husband's name isn't even on her birth certificate), but they share physical custody. My husband picks his daughter up from school every Friday, and keeps her until Monday when we drop her off at school. The situation with her mom as always been bad. She has a younger daughter by her long time boyfriend that she lives with, and is constantly in domestic violence issues with. They fight, she files charges, and then she drops them and lets him come back. Both of her children, see, hear, and talk about their fighting. The mother is currently in the hospital because her boyfriend pushed her out of a window and she broke her pelvic bone. Since she has been in the hospital (3 wks), we have been taking care of my husband's daughter full time. It has been difficult because she doesn't go to school in our neighborhood and we have no transportation for her from school. Her mom took her out of day care that we were paying for, because she could not afford to keep her younger daughter in daycare. Now, neither of them have stability. I am wondering if these are grounds to be granted full custody of his daughter so we can provide a more stable home for her? Thank you.

A Concerned Step Mother


Asked on 1/19/11, 9:09 am

1 Answer from Attorneys
Sean T. Morris Law Office of Sean T. Morris

Based on what you describe above, you may very well have sufficient grounds to seek custody. The standard the court looks to is "the best interests of the child." Your husband may also wish to have an official paternity designation made, if one has not been so already. You should consider hiring an experienced family law attorney to assist you in this matter. I am happy to answer any further questions you might have if you want to email me ([email protected]) or call 301.294.6570. Best of luck.

Yours,

Sean Morris

301.294.6570

www.morrisesq.com

***This answer does not consitute legal advice nor does it form an attorney-client relationship. Contact a lawyer for advice as to your specific situation.***

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Answered on 1/24/11, 9:32 am


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