Legal Question in Family Law in Maryland

My son & his ex gf have a child together. The child is almost two yrs old. My son has the baby one week then his ex has her one week. My son does pay child support because the mother doesnt work. Since the baby was born the mother has had a on again off again relationship with someone who smokes pot all day and is very mentally abusive to her. The mother moved in with him so on her weeks the baby would be over his house. The boyfriend doesnt want kids and twice within a month kicked the mother out while it was her week to have the baby. My son filed a restraining order on behalf of his daughter to keep the boyfriend away from his daughter. While that was in progress the mother made no attempt to see her daughter! (Even though the mother could have stayed with the baby on her week's at HER mother's house). The boyfriend broke up with the mother (as he does often) and she then acts like mother of the year. The mother is now living back with the boyfriend and yesterday he took her car (he has no license, and the babies grandmother just bought the mother this car so the mother could get around). When the other grandmother found out he was driving the car she just bought, she called the boyfriend and went off on him. The boyfriend then tells her that he will make sure the car never works again..He parked it at a local grocery store and pulled plugs out of it and drained the oil. The grandmother went over to his house with to meet the police and the mother was STONED out of her mind!! Before the police arrived the boyfriend was screaming at the grandmother saying he hopes she dies a slow painful death (she has cancer) all while the mother just sat there stoned. So the grandmother is pressing charges for the car. However, next week is the mothers week with the baby. My question is does my son have grounds to file for emergency custody so that the baby doesnt go back in that enviremont? He gets high every day all day, and now the mother is doing the same. I tried to talk to her on the phone and couldnt even understand her. She is supposed to pick the baby up sunday, but my son & I don't want the baby to go for fear of what will happen??


Asked on 5/02/14, 11:50 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Your son can certainly file for sole custody and seek an emergency hearing, as well as a hearing for temporary custody during the course of the litigation (known as a pendente lite hearing). However, the mother will probably retain visitation rights, although conditions could be imposed that protect the child from the boyfriend. He should consult with an experienced family attorney about the process.

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Answered on 5/02/14, 1:06 pm


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