Legal Question in Family Law in Maryland

Re: Unmarried With Visitation/Custody Headache

The father's threat to seek custody is just a ploy to scare you into dropping any effort to seek child support. Don't be intimidated. Retain an attorney or go to the office of child support enforcement at the courthouse in your county to initiate a paternity and support action. If you can prove the things you stated in your inquiry, no judge is going to take custody of the child away from you. At the same time, he's entitled to the support of his biological father if he's working and able to provide it. However, be aware that the father has visitation rights that a court will award to him if he wants them, unless it is established that he could be a danger to the child if left alone with him.

Re: Unmarried With Visitation/Custody Headache

You have no special right to custody because of the fact that the child is currently in your care, but in the circumstances you describe, evidence that you are dealing well with the care of a child in difficult circumstances will count in your favor. I suspect that the biological father does not want custody and is simply trying to scare you off about child support by threatening to win custody. You will need a good family law lawyer to help you, and if you can't afford to pay the fees you should contact legal aid or any other agency in your county which can help you with free or reduced rate legal services. The fact that the father has a nice house and more money does not mean that he can waltz in and gain custody of the tiny infant in your care. Any past problems you have had as a parent will have to be overcome, but the judge will look primarily on the care you are providing now, to this child, rather than past problems with another child or with alcohol. I suggest you give a lot of attention to being the best parent you can be for the baby, stick with it about seeking child support, find a good lawyer in case the father actually does file for custody, and offer the father opportunities to visit with the child. He may not accept the offer, but the fact that you have made the offer will count in your favor. If he does visit with the child, he may find out what a difficult job it is to care for a premature infant and give up any thoughts he has of seeking custody.

Re: Unmarried With Visitation/Custody Headache

You do not have a "special right" due to the children living with you.

However, this is a "factor" that is considered. An ability to provide to the

financial well being of the children is also a factor considered in custody.

Other factors may rise above the ability to provide a more financially stable future.

An attorney is highly recommended as filing pro se may result in an error that is even

more costly to rectify. Prior substance abuse is not as much a factor where it can

be shown that an appropriate response has been taken and that recovery has been maintained.

Prior child neglect is another matter and this depends alot on the type of abuse, whether appropriate

measures have been taken to seek help, the child's disposition as a result of the abuse, the period of abuse and whether

it was constantly inflicted, the degree of abuse and required intervention, etc.

He may be trying to scare you off from a suit to prove paternity or to seek child support. DO NOT LET HIM DO THIS. Your local

Office of Child Support and Enforcement may be able to assist you if you qualify for financial assistance, a reduced fee attorney,

and other assistance. Specifically inquire about a CINA case which stands for Child in Need of Assistance. You may or may not qualify for

a CINA case.

I wish you the best of luck and cannot caution you enough about obtaining the services of an attorney.

G. Joseph Holthaus

(410) 799-9002