Legal Question in Family Law in Maryland

Taken

My sister and her husband found out last year that he has a son because he was taken up for child support and in them doing this he had a perturnity test done. Well he has been living with them for a year now, since January,to be exact. The boys grandmother has legal guardianship for him because of some issues the nature mother was having. Anyway he has been with my sister and her husband and he has been developing very well and he has been going to the grandmothers house visiting every other weekend and of course he misses them and crys a little when he comes home. Well this weekend's visit the grandmother drops off the child and then comes back and said she wants him to come home and live with her again. Well they argued and the little boy didn't go with her that night. Well the next day he stayed home from school because of all the drama that happened the night before. He however did attend school today and inturn his grandmother did come and pick him up early from school. She then called my sister's husband and said that she had the boy and that they would have to fight her in court to get him back and that he was enrolling him in school near her. Now my sister and her husband are upset and are unsure what to do and w


Asked on 12/06/05, 3:47 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Taken

If your brother-in-law and sister want to have legal custody of his son, they will have to file a court petition. Courts generally favor a parent over a grandparent as long as the parent appears to be capable of taking care of the child. The court will probably conduct a home study, meaning an investigator will be sent out to inspect the living accommodations at the respective residences, interview the parties and witnesses, and then make a recommendation to the court. These can be complicated matters, and if they are serious about this, they should hire an experienced family law attorney to represent their interests.

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Answered on 12/06/05, 4:08 pm


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