Legal Question in Family Law in Maryland

Parental Agreement signed but certain info not provided

I signed a parental agreement with my wife. I was told to do this as I could lose getting joint custody, she has physical custody (2 boys 1 girl). I learned a week ago that my boys told my wife that they wanted to live with me. In Aug 2001 she told them that they had 2 weeks to decide where they wanted to live. She did not disclose this information to anyone, nor did she let the boys call me to tell me that they wanted to live with me. (The boys are now are 15 & 12). I also found out that she has been hitting the kids since I have left the family home. (gone since Nov 99) I have an attorney and he told me that there is nothing that I can do for the kids since I signed giving her physical custody. He told me to give the kids the numbers of the police and cps and to let them know that these are the only people who can help them. Is there really nothing that I can do?

I am looking for a second opinion. It kills me that I cant do anything to protect my kids. I feel that they would be afraid to call CPS or police b/c of her reaction. She has been mentally abusing them, calling them stupid and worthless and God only knows what else.


Asked on 4/18/02, 9:00 pm

3 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: Parental Agreement signed but certain info not provided

If your ex is physically abusing your children, it's certainly appropriate to bring CPS into the picture. If they can substantiate the abuse, it might give you the basis for filing for a change in custody. Your older child is already at an age where the court would likely go along with his expressed desire to live with you, assuming it wasn't being unduly influenced or coerced.

Why not try and negotiate a shared custody arrangement with the ex--maybe a 50/50 situation if that's feasible? See how that works out and if successful, maybe you can transition into more of a full time arrangement.

Read more
Answered on 4/19/02, 4:07 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Parental Agreement signed but certain info not provided

First, I would like to see the physical custody agreement. If, as you imply, you signed it with the prospect of gaining joint custody then this Agreement may not be as lock tight as you presume.

Second, if an express requirement of the Agreement involved a determination of the will of the older boys and this was deceptively withheld from you prior to the Agreement, then another matter lies as to an unequitable adoption of the Agreement. This may be difficult to prove where the object is to overcome the Agreement. Nonetheless, other aspects may exist in this regard.

Third, Maryland law is quite clear as to the distinction between potential harm and actual harm. Your assertion is the latter. Actual harm is an evidentiary matter. An attorney can assist you with obtaining evidence and legally cognizable proof.

Fourth, the fact that you had left the marital home may not work well in your behalf. However, this is not conclusive as I would need to hear more about your case.

Fifth, where no court order as to custody has been rendered, there are numerous options available to address your matter.

Lastly, I do not understand why an attorney would tell you to sign an agreement that gives away your rights to custody when, at the same time, telling you that if you don't sign you won't have a chance at joint custody. I would like to see the "parental agreement" as I question whether it aptly addresses the legality of a physical custody determination that would be upheld in the event that she seeks court approval.

G. Joseph Holthaus III

(410) 799-9002

Read more
Answered on 4/20/02, 9:52 pm
Carolyn Press Chung & Press. P.C.

Re: Parental Agreement signed but certain info not provided

You were incorrectly advised that there is nothing you can do about your wife (ex-wife?) abusing your children because you signed an agreement giving her physical custody. It is unclear whether you are now divorced with a court order regarding custody or whether you are separated without a court order, but in either case you should be able to have the custody changed. If you are not yet divorced, you can petition for custody and explain to the court the conditions which arose after you signed the agreement. If there is already a custody order, you can petition for a modification of custody based on a "material change of circumstances," including both your discovery about the children's preference and the abuse which has occurred since the agreement was signed. Your children are old enough to testify, although judges generally prefer to talk to the children, in custody cases, in chambers without the presence of the parents. The children should be subpoenaed for that purpose and you should retain a lawyer who will not advise leaving the children to their own devices in the circumstances you describe.

Read more
Answered on 4/23/02, 9:13 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Maryland