Legal Question in Family Law in Maryland

Question about seeking physical custody of an infant by out-of-state father:

The mother (in Maryland) has filed for physical custody and support of the 6 month old child. We were never married. During the first few months of the child's life I (the father) got married and relocated out of state (within 250 miles) since my wife's job was not easy to relocate and the opportunities available to the child would be much much greater in my new location. I attempted to stay involved by visiting frequently before I moved and occasionally after I moved until the mother began refusing access. I have consistently offered to help her and have attempted to get her into mediation, but she has refused all offers. I have had no visitation with the child in the last three months. The mother has a colorful past history, including one drug violation, a few DUIs, an assualt, etc. She is not a responsible or reputable person.

I would really like to have 50/50 joint physical custody or more, and I am willing to drive to pick up and drop off the child as much as necessary. Is it possible to do this now that I live out of state? What is the likelyhood that I'll be granted joint physical custody? Will the court favor the mother because she has been the primary caregiver for the last 6 months after I moved? Any advice on how to get joint physical custody in this situation? Thank you.


Asked on 6/07/11, 4:16 pm

1 Answer from Attorneys
Bill Wood Law Office of William C. Wood, LLC

Shared physical custody works best when the parents live within very close proximity and are willing to share custody. In general, it would be difficult to get shared physical custody under the circumstances you describe, especially with a child that young. Ultimately, the court will determine custody based on what is in the child's best interest. If the mother is unfit, you may have a chance at being granted custody. The court will look at how well the child is doing in her care as part of its determination.

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Answered on 6/07/11, 6:19 pm


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