Legal Question in Family Law in Maryland

i am moving into dc, and gave the 90 day notice as reqired by the custody contract to my ex. She has stated that she will not drive into DC to pick up our daughter at the scheduled pickup time of 9:00 am Thursday mornings. She has said that is contacting her lawyer and that she will attempt to take me back to court. the contract states that the parents shall share driving responsibilities with regards to pick ups of the said child 9:00 am thursday mornings. Can she change the contract simply because she does not "WANT" to drive into dc to pick up her daughter?

Also.., every time something does not go her way, i recieve anther threat to go back to court, aprx.... every week... I know based off of her history that she will in every facit use this as an attempt to rearrange the custody agreement with all sorts of slander and what not as she did before..... what if anything can i do or say come time that (if it actually) goes back to court???


Asked on 10/28/10, 9:47 am

2 Answers from Attorneys

Robert Sher Wagshal and Sher

If your contract is silent as to where you may live, she cannot "change" the contract. You didn't indicate where you're moving from, or how far that is to where you're relocating. Apparently your move will be more inconvenient for your ex. You ought to try and work out an arrangement to perhaps meet her at a mutually convenient point in between your respective residences, that would apply to each "dropoff". Judges don't like to get involved in these kinds of disputes.

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Answered on 11/02/10, 10:40 am
Phillip M. Cook Cook Legal Services, LLC

If I were in your shoes, I would do the following:

1.) I would hire a family law attorney who is licensed to practice law in both Maryland and DC. There are lots of hungry lawyers out there who might be willing to represent you for a small fee. Some attorneys are willing to put their clients on payment plans, as long as the client continues to make good faith efforts to pay the fees. My point is -- with an attorney on your side, you give yourself the absolute best chance to put this problem to bed. Even if your ex does not take you back to Court, it's a good idea to have an attorney who is knowledgeable about your situation on "stand-by".

2.) Be reasonable. No judge wants to hear two parents whine and complain about how unfair things are when neither parent is willing to give an inch to the other. It's called walking into court "with unclean hands". Is there somewhere in between your new location and your ex's location that you can meet on Thursday mornings at 9am? If you offer to meet half way and the ex won't compromise, the judge won't be happy with your ex. See how that goes?

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 11/02/10, 10:46 am


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