Legal Question in Family Law in Maryland

change of custody

I suggest you see if you qualify for pro bono (low income) assistance and try to get a free or inexpensive consultation through the bar association where you live. Most urban area bar associations have programs where you can get a consltation with an attorney for a modest fee.

Getting a court that has ruled on custody to change its ruling is very complicated and without an attorney skilled in family law you would have extreme difficulty getting this done. You have to demonstrate a sufficient change in the circumstances that were present when your ex was awarded custody to justify the change. You would almost certainly have to bring your children in to tell the judge they want to live with you and why. This puts a lot of pressure on the children, being pitted between parents.

Re: Modification of child custody

You haven't indicated whether the original custody order was in a Maryland or an Ohio court. If it was in Ohio, I would suggest that you try to get legal help from your local legal aid or any other service which provides free or low cost legal representation. Your ex-husband will probably try to get the case removed to Maryland, and he will be very likely to succeed because the children have lived in Maryland for three years and that is presumably where the evidence is located concerning the lives they have been living with their father. If the original custody order was in a Maryland court, you will have to file in that court in any case. It is not very likely that you will find pro bono (free) legal representation in Maryland if you live out of state, unless you qualify through the clinical law program at the University of Maryland Law School in Baltimore. If the children are living in the Baltimore area and your income is low enough, you might qualify for some very good and enthusiastic representation by a student attorney supervised by a faculty member. I recommend that you try hard to find a lawyer you can afford, since it is not easy to represent yourself. Most judges will pay considerable attention to the wishes of children the ages of yours, although they will not necessarily give them what they want. If you can show that there is a material change of circumstance (a change which has occurred during the last three years which relates to the children and what is in their best interest) you can get your foot in the door to make a case that it is now in the best interest of the children to be in your custody. You, together with your lawyer if you can find one, will need to come up with some strong evidence supporting the change of custody. The judge will listen to the children, but most likely not in the presence of you or their father, and he will make a finding about whether they are telling the truth and whether their wishes are based on valid reasons. If you can't afford a lawyer to represent you and can't find a lawyer to represent you for less money, I suggest you at least consult with a lawyer who might help you draft a complaint for a modification of custody and who might give you some good detailed advice about how to present your case to the court.

Re: Modification of child custody

What were the unfortunate circumstances? If these have changed then there may be a basis to pursue a change of custody.

Generally, the courts are reluctant to change prior rulings. This is especially true with custody as there are children

involved. In order to get a change of custody, there needs to be a showing of a change of circumstance. Custody is not easily

modified merely because one of the parties "wants" this to be so.

I suspect there are many issues underlying your case. If you husband changed his mind regarding your 18 year old, why not for the

remaining children? Is the issue that he does not want to loose the tax deduction or wants to avoid having to pay child support?

If such issues exist, these need to be explored and possibly form the basis of an agreement to modify custody. Once such an agreement is

made, the court will likely approve of such action.

Living in Ohio complicates things especially with pro bono or voluteer advocacy programs. The costs associated with inter-state issues usually

preclude most attorneys or volunteer advocates from participating.