Legal Question in Family Law in Maryland

Rooming with Child

My boyfriend and I live together with our daughter(3) and his son(6), in our 3 bedroom home. There are no legal custody or support orders, he has always spent the majority of his time with us. My boyfriend does pay for almost all his son's bills, including his insurance, and takes him to doctor appointments, dental appointments, ensures that he has his medication (he is asthmatic), volunteers at his school, went on every field trip the Kindergarten class went on last year, enrolled him in swimming lessons and the Summer reading program, and even works on his son's mother's car so it will be safer for him to ride in. My point is, he is the more involved parent and the more concerned parent. The boy's mother is planning on moving into her mother's house to save money and sharing a room with her boyfriend, their son, and my boyfriend's son. Even though he is only there a few nights a week, this concerns me, is it legal? She has gone to jail for asaulting an adult 3 yrs ago, and my boyfriend has 2 DWIs and a drug charge(pot no moneitary value) from 4+ yrs ago. She completed anger management (court ordered) and he completed an outpatient program on his own, and was put on probation. What are his chances of full custody?


Asked on 10/14/05, 10:00 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Rooming with Child

From the facts you present, it seems that your boyfriend is the more responsible parent and therefore has an excellent chance of obtaining custody. However, a knowledgeable family law attorney can be vital in making sure the proper evidence is presented, supported by legal arguments, to make sure he has the best chance of prevailing. Of course, if he is awarded custody and the mother has a source of income or at least the ability to earn income, she would be required to contribute to the support of the child.

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Answered on 10/14/05, 10:24 am


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