Legal Question in Family Law in Maryland

Share joint legal custody with mom. Mom removed child from a school prior to consulting dad and has enrolled child in another school. Mom says it is in best interest of the child and me (dad) have no say if she deems it is best. Court paper stated "Ordered that the parties shall have joint legal custody of the minor child, and shall mutually make joint decisions regarding the major issues which include, but are not limited to, those issues affecting the health, discipline, and general welfare of the minor child. Question is if the court gives dad joint custody and a say in the matter can mom make decisions to this magnitude because she think it is best? Without input from dad? Does dad have any recorse at this point? It appers even with joint legal custody dad just pay support and have no say. This is a Maryland issue.


Asked on 5/23/12, 5:49 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Joint legal custody requires the parents to consult with one another before making significant decisions such as schooling. From your presented scenario, it appears you have a basis for a complaint that could take the form of a petition for a show cause order requiring the mom to explain to the court why she shouldn't be held in contempt. The problem always arises in these cases when there is a disagreement between the parents as to the course of action--who gets to decide? When I prepare a separation or custody agreement I always set up a mechanism for this to avoid this problem.

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Answered on 5/24/12, 6:50 am


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