Legal Question in Family Law in Maryland

My ex and I have joint legal custody of our 3 children ( ages 15, 14, and 9). He has the kids every Wednesday,Thurdsay and alternating weekends. I have a sole custody hearing in July due to my ex not being able to get the kids to school on time on his days. My children have requested to spend a month at their father's house and to then return to our regular scheduel, since school is out. If I honor this request will it hurt my sole custody case? and do I need to have something in writing?


Asked on 6/11/12, 5:45 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

It shouldn't affect your custody grounds to allow extended summer visitation. Your oldest child is nearly old enough to determine who he/she wants to be with (age 16). If you are trying to get sole legal custody based on the school thing you may be better off asking for sole residential custody during the school week--it's not a strong reason for changing legal custody from joint to sole. A written agreement regarding division of child time is always a good idea to avoid potential litigation.

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Answered on 6/11/12, 1:13 pm


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