Legal Question in Family Law in Maryland

Loss of custody because of prior military service?!

Is there any defense against losing a custody dispute because of my previous military service overseas in Iraq and Afghanistan? The Judge ruled in favor of my ex, as I ''was away from the children a lot'' although the children and I share an extremely close relationship. Further, the Judge allowed my ex to move out of state with the children, only granting me approx. 3.5 months of visitation per year! I am extremely upset by this, and my children (whom are too young to have their opinions heard) are devistated. What can I do???


Asked on 9/08/08, 3:58 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Loss of custody because of prior military service?!

If the judge's decision was made at the end of the case and following a hearing on the merits, you have 30 days to file an appeal. However, a trial judge has a lot of discretion in these matters, and unless a legal error was made during the trial, it's unlikely that the decision will be overturned on appeal. In custody cases, the judge must make a decision based upon what is in the best interest of the children. While it may seem like the judge is treating you unfairly because your military commitments forced you to be away from the children for extended periods of time, he or she apparently felt that the evidence presented indicated that they would be better off living primarily with your ex. And 3.5 months of visitation is fairly extensive.

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Answered on 9/08/08, 4:21 pm


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