Legal Question in Family Law in Maryland

Re: Want to keep the kids.

Your concern is valid. First, don't leave the house! Second, I would immediately file for custody. The court determines custody based on the best interest of the child. If she is living at home with her parents it sounds as though she is not self-supporting. This could work against her in court for custody. If you are a good father, have been a good father, and there are no allegations of abuse or neglect on your part then you will get some court ordered custody but I would really need to speak with you to get a much better idea as to whether obtaining full custody over her is possible. Every case is so fact specific that it is impossible for me to advise you without that conversation. For instance, I would need to know the ages of the children, the relationship each of you have with the children, the historical involvement with the children, the living conditions of each parent and the manner in which each of you conduct your lives in order to really be of help to you. Feel free to call me at 301-652-0663.

In the meantime, don't leave the house because if and when you file for custody you could ask for what is known as a "use and possession" order for up to 3 years which would allow you to remain in the home with the children.

Re: Want to keep the kids.

What your wife is suggesting is a very bad idea. I have seen it tried, and there are too many problems with the idea of sharing, on alternate weeks, the home and children. If your wife left, and has a home with her parents, you have a good chance of getting court-ordered custody of the children. I would advise you to retain a lawyer very soon and file for custody. If you file for divorce, you can ask for custody and for use and possession of the family home for up to three years from the date of divorce, as long as you have a minor child living there with you.

Re: Want to keep the kids.

If the marriage is over, and you don't believe there is a chance you and your wife will live together in your house, then you should consult with an attorney to file for custody of your children and use and possession of the family home. Normal visitation for the non custody spouse would be every other weekend and holiday. What you wife is proposing is called "shared visitation". You should consult with an attorney while you have temporary custody of your children and use of the house. Steven J. Scheinin, [email protected]