Legal Question in Family Law in Maryland
change of custody
approx 2 years ago my husband went to court with his ex and was given visitation. since then his ex has moved out of state(but within 50 miles of our home.) my husband feels she is unstable; multiple residences, jobs, mental problems, etc. he would like to have custody reversed, but allow her to have vistitation. how likely is this to happen in a court system that is partial to the mother? she has violated the court order a number of times, are there any documented cases in which violation of the court order has had an impact in custody versal? please respond asap as we have a court date next week.
1 Answer from Attorneys
Re: change of custody
Violation of the court order alone probably won't
do it unless the violation is indicative of behavior
that is not in the "best interest of the child."
That's the standard the courts in Maryland apply.
In order to get custody your husband will have to
show that there has been a material change in circumstances
that is adversly affecting the child. Absent such
a showing the court will favor stability and will
tend to leave the child where it is right now.
If you are about to go to court you really should speak
to an attorney about the specifics of your case. A
forum like this just isn't going to do it. These
kinds of cases turn more on the facts than they do
on the law so nothing is ever clear cut.
Good luck in court.
Lowell
Lowell Wilson
Law Office of Lowell G. Wilson
8335 Court Avenue
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