Legal Question in Family Law in Maryland

I am pregnant by my ex-fiance. I refuse to marry him because he is abusive. I am concerned about retaining custody of my child, after it is born. I don't know if he'll do anything shady but I wouldn't be surprised. How can make sure I have sole custody? Do I need to get this ball rolling before the birth? I live in Maryland. Thank you.


Asked on 9/29/10, 4:25 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

If you want to get child support from him after the birth, you must file a court petition for sole custody and child support. He is entitled to request visitation. It's within his rights to try and get either legal or physical custody, but for a newborn it's doubtful that a court would take physical custody from the mother. If you are not planning to ask him to support the child, you don't really have to go to court, since there is a presumption that it's your child. Of course, if he does file for custody, you'd counterfile for support anyway since you have to defend his petition. Make sure you consult with a family attorney before taking any action.

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Answered on 10/08/10, 7:07 am


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