Legal Question in Family Law in Maryland
Is there a law that states that mothers get full custody as the default?
I have been told that Family Court is slanted towards the mothers. I have first hand experience that agrees with what I was told.
I was told that the laws would have to be changed in the Legislature and that the judges are following the laws.
Is there a specific law or set of laws that awards custody of children to the mother, and forcing th father to request shared or full custody?
If the law is not sexist, then how do we not have a class action for the fathers who are forced to fight to remain in the lives of their children once the mother decides that she wants to remove them from the lives of the family (except for the Child Support Check) by making unsubstantiated accusations such as i am afraid of him or he threatened me, that can have the father removed visitation in some cases.
All the while, the fathers here must prove the mother to be an unfit mother, she must be in jail, or she must volunteer to give the child up to if he is to get full custody.
Kangaroo Court = Family Court. The results are predictable before a father walks through the door: Mother gets child, Mother gets check, no matter the reason for the family breakup.
1 Answer from Attorneys
Re: Is there a law that states that mothers get full custody as the default?
I can understand why you may think that your gender has adversely impacted by your situation. However, much of what you indicate simply is not the law in Maryland.
There is no maternal preference that is dispositive on the matter of child custody.
The gender of the parents is not a valid consideration in determining child custody. Giffin v. Crane, 351 Md. 133, 716 A.2d 1029 (1998). A proper application of maternal preference in child custody cases neither denies nor abridges equality of rights of either parent under this article. Cooke v. Cooke, 21 Md. App. 376, 319 A.2d 841 (1974).
No class action could be taken on this matter as there is no claim upon which redress could be based.
Consider that alimony is no longer gender dependent as it once was. A husband has possible standing to the equal rights article if denied alimony and counsel fees. See Minner v. Minner, 19 Md. App. 154, 310 A.2d 208 (1973).
If unfounded allegations are being brought then you should defend against them.
I have assisted male (as well as female) clients with custody matters where apparent bias is claimed. It is important that your case be reviewed by an attorney.
Contact an attorney to discuss your case. The citations shown above are intended to provide only general information about the law and should not be misconstrued to constitute legal advice.
(410) 750-2567
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
