Legal Question in Family Law in Maryland

welfare of a child

I have a 4yr old nephew. right now, him and his mother(my sister) are living with me. His father is a very unstable person. He had had himself commited several times, saying he was going to commit suicide, when they lived together. He was verbally abusive to both of them, was always throwing things, punching holes in walls, and yelling profanity/threats. They're always fighting. I am afraid that when my sister gets her own place again, he will move back in. I am very concerned about the safety and sanity of my sister and my nephew. I know that there isn't much I can do for my sister other than try to convince her to get away from him, but she won't. He does not work, she has never taken him for child support, or filed for custody. He was arrested for breaking and entering, and spent some time in jail. While on probabtion, he got a 16yr old girl pregnant (was proven with paternity test, when she filed for child support), and nothing was ever done. I am not out to get him, I am just very worried about my nephew. He is very nervous around him. I am not sure if she won't leave him because she is afraid, or if she just doesn't want to. Is there anything I can do as an aunt to help my nephew? Do I have any choices/rights? Help Us!


Asked on 10/22/07, 2:09 am

2 Answers from Attorneys
Robert Sher Wagshal and Sher

Re: welfare of a child

Unfortunately, you have no legal standing as the aunt to get involved in this. The most you can do is contact child protective services if you think the father is a danger to the nephew. But they will speak to your sister, and if she doesn't want to try and restrict access by the father, they probably won't pursue it. You should keep after your sister and hope she sees the light before it's too late.

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Answered on 10/22/07, 4:31 pm
Julia Colton-Bell Law Offices of Julia Colton-Bell, LLC

Re: welfare of a child

You can file for a protective order on behalf of the child as a relative. Go to the Maryland District Court website. You will see the form to fill out for a protective order for the child. You can also notify social services. Most judges will order a social services investigation if they find grounds for the protective order. If you need additional assistance, please feel free to contact me at [email protected].

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Answered on 10/23/07, 11:15 pm


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