Legal Question in Family Law in Maryland
My legal rights as a father was taken from me. I found out I had a child when she was 6months old through child support. I had a DNA test done to prove the child was mine. Test proved she was mine. I was never married to the mother. I started paying child support. I tried to see my little girl but the family kept me away. This is when I then learned that my child was taken from the mother for neglect and drug abuse by social services and gave care giver rights to the great grandmother. Social services never contacted me as being this child�s biological father in giving the great grandmother rights to my child. Social services knew I was the father and ignored my rights when the child was taken off the mother. I talked to social services and they said I had to have a home study to get my child. So wile I�m waiting on my home study to take place the great grandmother files for custody. The first court date I never received papers as the papers were sent to the wrong address. The second court date that I knew of I made sure to be there to contest the great grandmother getting custody and I let the judge know that papers were never sent to me at the right address. And that I wanted custody of my little girl. So the judge said for me to file custody papers that day and I did. At this time 6mounths has gone by with no home study from social services so the judge ordered a home study to be done. So finally after a year of fighting for my child the judge who does not find me to be unfit gives custody to this elderly disabled great grandmother who is taking care of her elderly disabled husband who can not care for his self at all, also she has custody of her 4year old great grandson who she is taking full time care of and living on disability . Story go�s on more. The judge only said that because I had lost my job was the reason I lost custody. And because the child had spent more time with the great grandmother because social services took my rights away. I feel as if I had been striped from all civil rights as a father and I don�t know where to turn. I�m found not to be and unfit father but because I had lost my job I lose all rights . And to top it off I lose rights to some one who as no rights to my child! What can I do Please Help!!!!! Can I file an appeal and what are my rights? I do not know my rights so this makes it hard for me.
Mr.Brennan
1 Answer from Attorneys
You have a right to appeal if it is filed within 30 days of the judge's order. But you need to understand that the appeal court must give great deference to the decision of the trial judge since he heard the evidence; in other words, even if they might have decided the case differently on the facts, as long as there was evidence to support his decision, they will let it stand. If you want to pursue this you need an experienced family attorney. You may be eligible for a pro bono (free) attorney if you are unemployed. Contact the bar association in your county for further information. Also bear in mind that if you do get a job and prove your ability to support the child, you could refile for custody at that time.
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