Legal Question in Family Law in Maryland
I live in Maryland right now, but we may be moving back to Virginia. I was wondering the chances of getting custody of my 3 year old son. I am a stay-at-home mom and have been since he was born. My husband makes a good salary and will be very aggressive in getting custody. What are my chances of getting custody and what do I need to start doing (prior to anyone filing) to better my chances? Also, is one state more favorable for me than the other?
1 Answer from Attorneys
In either state, the issue is what is in the best interests of the child? In most cases such as yours, where the child is pre-school and has been in the de facto custody of the mother (I assume you've been separated), unless the mother has mistreated or neglected the child, the court will be reluctant to change the residential situation. However, your husband will probably be granted joint legal custody, meaning he will have a significant say in important decisions about concerning the child. If you feel you are doing a good job, just keep at it.
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