Legal Question in Family Law in Maryland

Need to know

Married 5 years now and have a 3 year old daughter. My husband was diagnosed and hospitalized (3 times)for bipolar.He does not take his medication regularly sometimes going months without it. He hasnt been able to hold a job or continouslly bring in money which leaves me to pay for everything. We have lived together off and on in each of our parents home before and after our child was born. For her safety the past year and a half of my daughters life she has lived with me and my parents. I recently told him i wanted to seperate because he isnt taking his meds. His parents are wonderful with my daughter and i NEVER want to deprive him nor them from seeing her.They see her whenever they want too. However i am scared that one day i will let them take her to spend the night (he lives with his parents and is now on medication) or even just for the day and they will not bring her back. He will not sign over his rights but knows that i can prove he is an unfit father. I pay for everything for my daughter i dont want his money i just want my daughter to have a loving realtionship with her father and her fathers side of the family. How can i protect myself from the possibility of them not returning her so they can stay active in her life??


Asked on 10/16/05, 10:57 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Need to know

You need to file a petition for custody of your daughter, with visitation available to your husband. You can do this separately, or you could file for a divorce based on your separation, and as part of the divorce, ask for custody. You were a little unclear in your question, but I assume you and your husband have not cohabited over the past year and a half while you and your daughter have been staying with your parents. To be eligible for a divorce, there has to be an unbroken period of separation. Once the court awards legal custody of your daughter to you, any attempt by your husband or his family to keep your daughter beyond an authorized visitation period will entitle you to get the police involved and also subject him to contempt of court proceedings.

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Answered on 10/17/05, 10:33 am


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