Legal Question in Family Law in Maryland

Non- parental custody

Two teenage girls visits relatives in Va. exclaims that they do not and will not return to home of cousin in Maryland, he has temporary custody of both children. Children have made remarks, and told family members of abuse, negelect, and other things going on in home. Family members take children to Va department of social services to have them investgate . Family members have tried to contact cousin to have him meet with social services to clear matter up he refuses to . Relatives try to enroll children in school but cannot because they are not legal guardians. Cousin has not returned to pick up children or get in contact with other family members. What can the other family members do to get children in school and to gain custody of children.


Asked on 5/10/99, 3:50 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Non- parental custody

Your inquiry stated that the Maryland cousin has "temporary custody" without specifying whether that was by court order or simply a private arrangement. If by court order in Maryland, the Va. relatives can file a petition for change of custody as part of the already-on-file Maryland proceeding. If there is no existing court case in Maryland, you may be able to file in Virginia if you meet jurisdictional requirements. However, be careful--you may be violating a court order by keeping the children from the lawful custodian. You would be well advised to consult with a family lawyer in your area for further details.

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Answered on 5/18/99, 4:33 pm


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