Legal Question in Family Law in Maryland
My daughter's father and I have never been married and we have been apart since she was 1 year old. She is now 13 and she stays a few nights at my house per week and a few nights at his house. I just found out that her father is allowing her 15 year old boyfriend to spend the night with her. He says that they sleep on the couch but not in a bed. I really just want to know if I have a chance at putting a stop to this. Can I call child protective services? I know if we go to court she will say she wants to live with her father because she has no rules at all at his house.
1 Answer from Attorneys
If the father won't immediately put a stop to this, you need to file a custody petition right away. You should make sure a social services investigation is conducted, in which your respective living situations would be evaluated. You should also request a formal child support order. At 13, your daughter is too young to dictate which parent she wants to live with, although a judge would take her wishes into consideration. In the final analysis, she will be placed with the parent who will act in her best interest. If you are awarded full custody, the father will still be entitled to visitation, but if it's overnight you can ask for a court order that bars the boyfriend (or anyone else) from this activity.
If you can't afford your own attorney, there are programs that provide legal assistance at reduced fees or even pro bono (free) if you income qualify. Contact the bar association in your county for more information.
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