Legal Question in Family Law in Maryland

So to be quite straight forward there's a 15 year old female (marti) living in a household with her 2 homesexual dads, older sister, and brother. Okay her mother died about 2 years ago and in her will i dont believe it was legalized. In the will i said for the older sister and marti to go live with the eldest brother who is an adult and marries (donnie). But the part of the will about the living situations were not brought up during the funreal or period. After the death of the mother the 2 fathers began to beat Marti and she has had scars and blood been drawn once. And they even placed their hands around her throat. CPS was called but found no evidence and the siblings turned against her.. and now she wants to move in with her brother because of the verbal and physical abuse towards her. What should she do?


Asked on 7/29/12, 2:31 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

The brother would have to file a petition to modify custody, but it will be an uphill battle because a bio parent always has priority absent compelling evidence that it would be against the best interests of the child. This is especially so since CPS has already investigated the case. Marti should keep a diary of the abusive events as detailed as possible so that if sufficient new evidence develops she will have a basis for going back to CPS for further investigation.

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Answered on 7/30/12, 8:38 am


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