Legal Question in Civil Litigation in Maryland

My sons grandmother is trying to get custody of my 17 month old son he has been living with her since he was 2 months but she offered for him to stay there. I always did my part in watching him, buying milk,diapers,clothes, paying for daycare etc. And his father did nothing. Now this is my babyfathers mother by the way. I just wanna know my rights as a mother. Im about to go to a homeless shelter and i only have to stay there for 2 months and they give me my own place. Please help me. Im not unfitt at all i just need stability


Asked on 5/30/11, 6:02 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

As the bio mother there is a presumption that the child should be with you, but in any custody proceeding the court must base its decision on what is in the best interest of the child. Once you gain that stability and are able to demonstrate it to the court, you should be able to get your child back. If there is a hearing while you're still in the shelter, the court might award temporary custody to the grandmother, and then you can bring the case back to court when you get your own place, and hopefully a source of income. The father should be paying support, and if you haven't been to court for that, if you get custody you should file a paternity and support action against him. But the first thing you need to do is find a pro bono (free) attorney by contacting the bar association in your county so you can find out what resources they have available for that.

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Answered on 5/30/11, 2:40 pm


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