Legal Question in Family Law in Maryland
Petition for custody - not separated
My wife has filed a petition for sole custody of our 2 minor children. She has previously filed a false domestic violence complaint that was denied by the court. My wife and I still live at the same residence with the children. Can a judge order custody to one parent while they are still residing together?
1 Answer from Attorneys
Re: Petition for custody - not separated
I suspect that, along with her request for sole custody, she's requesting a "use and possession" order. This is a request that she be granted exclusive possession of the family residence as the custodial parent. In other words, you would be required to leave if her request is granted. If she hasn't asked for this, it would be highly unusual for the court to grant custody to one parent while both are living under the same roof.
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