Legal Question in Family Law in Maryland
Question:I have a custoday hearing coming up soon and would like to know what a judge looks for when determain custody?
Answer: The law requires the judge to decide what is in the best interests of the child. Thus he/she will look at the respective home environments, the stability of the parents, and who appears to be looking out for the child's welfare as opposed to gaining control vs. the other parent.
2nd Question: The mother has a protection order against her for neglect of the child and refused to find a job. She has no source of income. We are trying to find out how to gather information we will need to better our case?
2 Answers from Attorneys
You can take discovery as described in title 4 of the Maryland Rules. These consist of serving interrogatories (written questions), a demand for documents or taking an oral deposition of the mother.
The "best interest of the child" standard involves many other factors as you are probably already aware. These facts need to be brought forth through your case.
I'd like to see the protection order and learn other facts relevant to your case to move forward. Before seeking information it may be beneficial to better understand where you are in the process, then identify an objective and move toward accomplishing it. Discovery may be only one part of your overall case given prior instances of neglect. It is possible that discovery may not be needed, but I would need to know further facts.
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