Legal Question in Family Law in Maryland

Restraining order

my husband and i r separated, i am currently seeing someone else. My husband has being trying hard to get in a fight with my new bf. Recently he saw me driving his truck and came into the store searching for my bf ready for a fight. He has being trying desperately to make troouble sometimes with our 4 yr old son present. My bf decided to call him to tell him to leave him alone. After he did that my soon to b ex said he was filing a restraing order against him, saying he threaten him. My question is how will this restraining order affect my custody of my 4yr old son? Also if my husbanh refuses to pay the mortgage on our home, says he wants me to go down with him, meaning my credit getting screwed. What is my recourse interms of putting the hse on the market. He can afford to pay it he just wants to screw my credit. He was abusive and broke my fingers during the time we live together. He wants to get custody but has a history of drug abuse, namely, marijuana. I am scared to loose my son to him. help


Asked on 1/02/08, 2:19 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Restraining order

I doubt the conflict between your bf and your stbx will have any impact on your custody status. If you can establish that he has acted in a hostile manner in your son's presence, that will negatively impact his rights, not yours. With a history of drug use and violence, he doesn't have a very good chance of getting custody.

As to the house and credit issue, you will not be able to sell it if his name is on the title without his cooperation. As part of a divorce proceeding, you can ask the judge to order that the house be sold and the proceeds be divided along with other marital assets. You really need to retain an experienced family attorney to represent your interests.

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Answered on 1/02/08, 2:38 pm


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