Legal Question in Family Law in Maryland

My sons mother and I have joint legal and physical custody - we were not married. The boys have been living with me for about 75% of this past year, yet she filed taxes and claimed one of them. I have sent my tax papers in and have claimed both of them - so I have disputed her claim and expect to hear from the IRS soon. My question is when she sees that I have also claimed them that she may seek full custody of our boys - I have been told that in Charles County, Maryland that whoever files first for custody gets the children until the court date - is this true?

Asked on 2/19/12, 11:47 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

No. There are no changes in custody resulting from the filing of a petition to establish or modify it. If there is presently a court order or a written agreement that establishes the current status, that will remain in effect. Courts disfavor changes in custody unless there is a compelling need for a change. Ultimately the issue is what is in the best interests of the children.

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Answered on 2/21/12, 8:51 am


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