Legal Question in Family Law in Maryland

Child Custody

I am the father of a 7month child who lives with her mother. The childs mother is an alcoholic who refuses to seek treatment, and who has not had any events with the child that I know of. She is facing an eviction within 10 days and disconnection of her light and gas service. Consequently she has informed me of her intent to move back to New York City with her mother, who is also an alcoholic or sister who is a recovering addict. I have suggested that she leave the child with me while she gets her life in order, since I do not believe that she can provide sufficiently for our daughter. I would like to know what recourse I have in this short period.


Asked on 1/18/01, 2:19 pm

1 Answer from Attorneys

Carolyn Press Chung & Press. P.C.

Re: Child Custody

Unless there is an existing court order giving the mother custody of the child, you and the mother have equal custodial rights. If the mother is about to leave the state with the child, your best recourse would be to file immediately for custody and ask for an emergency hearing based on the alcohol and addiction problems of her and her family. (I know this answer is late, since you posted your question about twenty-five days ago and the ten days are up for her eviction. If she has already moved, you can still file the same action, in Maryland, and try to get a court order requiring her to return the child to Maryland and to you.) If she does have court-ordered custody, you can still file for a change of custody based on her plan to remove the child from the state. You will need some evidence that the child's mother has the problems you mentioned, and at least on a temporary emergency basis you should be given custody if you can show that you are a suitable person to have custody and that you have a suitable home and arrangements for child care.

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Answered on 2/13/01, 5:15 pm


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