Legal Question in Family Law in Maryland

Immediate sole custody needed in order to leave with my son

My husband cheated on me, with details that are unbelievable to say the least. He is an uncontrollable alcoholic, and pathological liar. I don't trust him with our son, and want immediate full custody. We have a jointly owned car that he drives that only has liability. How can I file for immediate custody and make sure I'm not liable for damaged caused by drinking and driving in our car?


Asked on 12/15/08, 2:15 pm

2 Answers from Attorneys

Adele Abrams Law Office of Adele L. Abrams PC

Re: Immediate sole custody needed in order to leave with my son

If there is child endangerment, or you are in danger from his drinking and violent behavior, a protective order is a way to quickly get custody. However, you will still need to file for divorce and child custody as protective orders may be temporary in nature and will not include child support or any long-term determination of parental rights. Please call us to schedule a free consultation where we can better analyze your situation and make recommendations. Thank you and good luck.

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Answered on 12/31/08, 4:12 pm
Robert Sher Wagshal and Sher

Re: Immediate sole custody needed in order to leave with my son

If your husband has assaulted or threatened you or your son, you can go to the District Court of Maryland in your county and file a petition for a civil protection order. He will be immediately removed from the premises pending a hearing, and after the hearing he could be excluded for up to a year.

If he hasn't displayed violence, you will have to file a complaint for divorce based on adultery, and with it a petition for immediate sole custody and exclusive use and possession of the family home. This will take a month or more for a hearing on your petition. As for the car, make sure you have enough liability coverage to protect you--I recommend at least $100000. You aren't legally responsible if he hits someone in MD, but you could be if he does so in DC.

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Answered on 12/16/08, 4:54 pm


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