Legal Question in Family Law in Maryland
I am married and deploying next month. I want to leave my kids with my parents because my husband will not be able to take care of them . He has no job, no car, and his license is supended for failure to pay child support from previous relationship and binge drinks often. How would I do this legally if he objects. Do I need to file for separation and custody? He has agreed to let them stay with my parents but I know he is going to try to take them back as soon as I leave.
1 Answer from Attorneys
Despite your husband's seeming unfitness to care for the children, as the bio parent he would have a leg up on your parents in a custody battle. You need to consult with an attorney who is experienced in family matters, and knows how to draft a temporary guardianship agreement. If you can get your husband to sign such an agreement, your parents will gain legal standing to care for the kids. If he refuses to sign, you will need to seek a court order to that effect, and given your schedule you better act quickly because you don't have much time.