Legal Question in Family Law in Maryland

If I was picking up my daughter for the day while my ex-fiance was at work and her mom (fiance's) refuses to give me the keys to the car which is in both our names because fiance doesn't like me driving car since we broke up, then they turn in the tags while we were waiting about 45 minutes for the police to come tell her mom to give me the keys to prevent me from driving the car,how does this look from a child custody standpoint. In this case, we both own the car, I am the only licensed driver so she was not driving it, and that car is our main transportation for getting our daughter around. Without it I'm stuck getting rides around for my daughter and I. Does this work in my favor if we end up with a civil suit?


Asked on 4/04/12, 1:09 pm

2 Answers from Attorneys

Robert Sher Wagshal and Sher

It would certainly be relevant in a custody proceeding unless her unwillingness to allow you to drive your daughter around is based upon some driving incident or behavior on your part which might put your daughter in danger. If she has no interest in the car why don't you work out a buy out of her interest?

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Answered on 4/04/12, 1:36 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

It is relevant in many ways. You don't mention whether custody is shared or otherwise. This, in combination with other facts, may provide a basis to modify custody. Clearly her behavior as well as her mother's behavior causes a situation which, in several possible ways, is not in the best interest of the child. I would like to know more as to when you split up, why the car was not resolved and other impediments. I assume that you may not have a custody order and it may be beneficial for you to move forward to accomplish this.

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Answered on 3/25/13, 2:31 pm


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