Legal Question in Family Law in Maryland
I am currently married. If I pass away can my son remain with his step father in my home?
Can his real father take him out of the home and take him away from the step father or try to
move in my home with my son. My son is 11 yrs old.
Asked on 2/16/11, 12:54 pm
1 Answer from Attorneys
Bill Wood
Law Office of William C. Wood, LLC
The natural father would have superior custody rights over a third-party in such a scenario. Custody rights may be contested by a third party who must show that the natural parent is unfit or that exceptional circumstances exist. If either can be shown, the court would then determine custody based on the best interest of the child standard. He would not be able to move into your home unless he is a titled owner of the home.
Answered on 2/16/11, 1:17 pm
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