Legal Question in Family Law in Maryland

My boyfriend and I both live in with our young child at my parents house. My entire family and my boyfriend and I had planned to move out of state very very soon. He just told me that he no longer wants to be in a relationship with me and he has no intention of moving. What does this mean as far as custody? Can he force me to stay in this state even though he is moving back in with his parents and I have no where to stay as my family is moving? This really came out of know where and I thought we were going to be a family, but if he decided to back out of our plan what are my legal Options to make sure my child who is still nursing stays with me?


Asked on 11/12/15, 9:13 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Your boyfriend could theoretically file a petition for custody in court. Given the age of your child and the fact that you are nursing, the chances of that petition being granted are close to zero. I say this assuming you are a fit mother, since from the facts you presented, you have a stable family and home environment, which presumably will continue after you move. In fact, what you should do is file a petition to establish paternity, for custody and for child support from him. You could do this in MD, or in whatever state you are moving to after 6 months. The best solution, especially for the child, is for the 2 of you to be mature enough to sit down and work out a custody, visitation and support plan for the child, but as in all things it takes at least 2 reasonable people to make a good agreement. I suggest you have a consultation with an experienced family law attorney to discuss your options. Bar associations, at least in the larger counties, have programs where you can be connected to attorneys for a very low cost initial consultation, or even clinics where you can meet attorneys for no charge.

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Answered on 11/13/15, 7:42 am


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