Legal Question in Family Law in Maryland

Modification of child custody.

I have sole legal custody of my only son. My ex-husband has recently become more established in the neighborhood. Up until about a year ago, he lived with his parents, girlfriend, and then an apartment. He has my son one day a week and every other weekend. My ex asked if he could spend more time with our son. I thought that would be in the best interest of our child, so I agreed to let him see him two days during the week. Now my ex is turning the situation on me, and saying he spends more time with our son than I and does everything with him (basketball, baseball, freinds, etc) and says I do nothing which is not true. He is threatening to go for joint custody and cut down on child support. Could he acutally get joint custody that easily? What grounds could he use to make this change. I consider myself a very good parent. I make a stable, comfortable home for my son. On what basis can he ''build'' a case against me? I don't think joint custody would a good idea. I feel having two homes would be confusing for our child. He needs stability and consistency. Please help!


Asked on 11/19/01, 11:22 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Modification of child custody.

While the determination of a child's custody status is always based upon what is in the best interest of the child, judges generally are unwilling to change a custody status absent a showing that the custodial parent has become unfit since the original custody order was entered. What your ex is doing sounds like a common tactic--an effort to spend more time with the child as a basis for getting a reduction in child support. Under Maryland law, a parent who has residential custody at least 35% of the time is entitled to have support determined on a "shared" custody basis. This results in a smaller payment than if the "sole" custody guideline table is used. Unless your son is in his mid-teens and, in a change of custody hearing, tells the judge that he would like to change the custody arrangement, it's unlikely that your ex would succeed in this endeavor. But you certainly should take it seriously if he files court papers--make sure you hire an experienced family law attorney to represent you.

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Answered on 11/19/01, 2:10 pm


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