Legal Question in Family Law in Maryland

Re: Separation

The father may be entitled to full or partial custody, both physical and legal. Or, he may be entitled to visitation where supervision may be required. The facts of each case apply.

There is also child support which is generally determined in accordance with Maryland's shared-income formula.

Other matters may also exist. You should contact an attorney to discuss your legal needs. I can be reached at the phone number listed with LawGuru.

Separation

Your husband cannot legally just come over and get his daughter whenever he feels like it. However, you do not want him going to court first and attempt to get custody. Talk to a lawyer about your rights, and what you can do in reference to custody and visitation.

Re: Separation

Until there is a court order awarding custody to one parent, both parents have equal rights to custody of the child. That does not mean that the father has the right to come into your home and take the child. If he were to forcibly take the child away from you, that behavior would count against him in court because judges do not like either parent to behave that way, particularly with such a young baby. But they don't much like it, either, when mothers deny fathers contact with the child. Unless your husband is likely to take your child and refuse to return her, you would be wise to arrange some kind of schedule for visitation while you are waiting for something to be decided in court (and that can be a long wait). The other lawyers who answered your question are right: you should find a good lawyer to represent you. This matter is too serious to try to handle without professional help. You should file a "Complaint" asking for custody and for child support and probably asking the judge to set a visitation schedule, and you should provide reasons why you and not your husband should have custody. If you are nursing the baby that is an easy one.