Legal Question in Family Law in Maryland

can the mother of my child stop me from getting my child because im unemployed?

Asked on 5/14/13, 8:59 am

3 Answers from Attorneys

Robert Sher Wagshal and Sher
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Your lack of employment is not a legally disqualifying factor in your entitlement to having visitation rights with your child. It was unclear from your question, but I'm assuming that is what you were referring to, as opposed to custody. Even in that instance, you would legally be entitled to seek custody, although if she now has custody it's not likely you'd be successful, unless the judge was convinced it would be best for the child to reside with you. Perhaps you're not currently supporting the child and the mother thinks you are intentionally avoiding getting a job for this reason. If there is a court hearing on visitation, you should be prepared to demonstrate that you're unemployed through no fault of your own and that you are making a good faith effort at reemployment.

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5/14/13, 9:37 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus
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Without knowing more, it is possible that you would be a better primary care giver, assuming you are able to provide a home and other sustenance for supporting a child. The apparent issue is how you would bring your case forward since you may not be able to hire an attorney.

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5/14/13, 10:58 am
Paula McGill Attorney at Law
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If there is a custody order in place, and she has refused to comply with the visitation provisions, she may be held in contempt. You should file a petition for contempt if that is case. Although an attorney should be hired for such matters, if you cannot afford one or qualify for a pro bono attorney, your only other option is to do it yourself. There are plenty of guides for representing yourself in family law matters. Just make sure they relate to Maryland law.

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5/14/13, 8:42 pm

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