Legal Question in Family Law in Maryland

Yesterday my ex and I went to court, he asked to modify custody ( I have sole physical and legal), i asked to modify visitation because 36 times he had to get the kids to school by 9am, there were 4 absenses and 4 tardys in that time frame all after overnight with him (sunday/wed), I also asked to modfy child support as the order is 2 years old and I didn't have day care ($1400 a month) at that time. His custody modification was denied, my visitation was denied stating the childs grades are fine so the days don't effect that. I don't agree as he can have perfect grades but miss too many days to gradute. Child support: during my cross examination of my ex I brought up all the situations that showed his hositlity, he agreeed that he was seeking anger mgt counceling for his temper towards me, i showed school records to prove he couldn't get the kids to school by 9am, and that all the child care facilities he recommended were more than my sitter who comes to my house. During closing arguments my ex said he could keep the kids, I reitterated the hosility, the 9am tardies becuase my job starts 2 hours earlier than that, and that we had tried him watching them before but when he got mad he simply wouldn't show up. The judge said if my ex wanted to watch them then i don't need additional money for daycare. Any recourse, case law or suggestions, as I know my ex won't be at my house at 7 and i'm sure he only offered so as not pay daycare. I don't feel my job stability becuase I have to depend on him, or my child care options should be up to the court. Doesn't legal custody mean i have the legal right to decide on day care, in a sense aren't they taking that away by restricting my options.


Asked on 11/09/10, 9:38 am

2 Answers from Attorneys
Phillip M. Cook Cook Legal Services, LLC

The judge has broad discretion in ruling on custody/visitation/child support modification requests. Hire a Maryland family law attorney -- that's the best thing you can do to help your case.

Best of luck.*******The above is for informational purposes only and does not create an attorney-client privilege.******

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Answered on 11/14/10, 11:28 am
Richard Lebovitz Richard D. Lebovitz, Esquire

You have the right to file an appeal (called exceptions) but must do so within 10 days of the hearing. I strongly suggest you contact a Maryland Licensed family law attorney to discuss your options.

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Answered on 11/15/10, 10:57 am


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