Legal Question in Family Law in Maryland

Obtaining custody of an out of state child.

When my sister died; she was separated from her husband. My sister had said she wanted me to raise her two children but it was not in writing. Her husband moved the two kids into his older daughter's house. This daughter (who never had legal custody) eventually threw her father out and then the children who were 13 and 16. The children are now staying with friends. My nephew will be a senior and plans to stay with another nephew of mine for his last year of high school. I want the daughter to come from Maryland to live with me in Ohio. Her father has lived in his car and homeless shelters. His older daughter is the payee on their social security although they do not live with her now and she is probably just keeping the money. What do I need to do to get my niece; if her father refuses to give me temporary guardianship papers which is needed to go to school in Ohio? What does my nephew need to do to have the younger nephew live with him in Maryland? They are both in the same state.

Please advise.


Asked on 4/30/04, 1:18 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Obtaining custody of an out of state child.

If there is presently no court order regarding custody of the children, you could file a petition for guardianship in Ohio. I strongly recommend you consult a local attorney who is experienced in these kinds of cases. Likewise your nephew in MD can do the same with regard to the younger nephew. The father has a right to contest this, but it doesn't sound like he's in much of a position to do so.

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Answered on 4/30/04, 4:05 pm


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