Legal Question in Family Law in Maryland

Welfare of the child

Since divorcing, I received sole custody of our 1 child. During the time I had sole custody, my ex-husband called me back to court several times for child support issues and most recently, to gain custody of our 13 year old son who expressed a desire to live with his father. My ex-husband just gained sole-custody. A hearing (Dec 18) and subsequent court date (Jan 2001) have been set to determine if our son is doing well in his new environment. I don't want to go back to court again for various reasons. I'm currently seeing a doctor/taking medication for depression over this issue. Do I have to go back to court? And if so, why? What are the repercussions if I just don't show up?


Asked on 7/24/00, 10:35 am

2 Answers from Attorneys
Lisa Lane McDevitt McDevitt Law Office

Re: Welfare of the child

Depending on the specifics of your case you could have counsel appear in court in your stead. However, this isn't advisable if you wish to oppose the custody arrangement. In order to advise you appropriately I would have to have a consultation with you to get more specifics. Please call my office for a free consultation at 301-652-0663.

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Answered on 9/12/00, 8:41 am
Carolyn Press Chung & Press. P.C.

Re: Welfare of the child

You haven't indicated whether you want to regain custody of your son, or whether your son wants to stay with his father. If you are prepared to agree with the present custody arrangement, I would suggest that you and your ex-husband sign a "Stipulation and Consent to Judgment" stating that you both agree that custody should remain with him (with adequate visitation with you). You haven't indicated whether either you or your husband has an attorney, but either your attorney or his could prepare the document and file it with the court with an order for the judge to sign, and there would be no need for any further court appearances. If you do simply not appear in court, with no explanation and no attorney there representing you, you will almost certainly not recover custody of your son.

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Answered on 9/12/00, 2:34 pm


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