Legal Question in Military Law in Maryland

My husband is in the national guard and has a child from a previous relationship. The mother is also in the national guard and is scheduled to deploy in February 2011. When they were together they had both signed over the parental rights to my husbands mother if at any point one of them were to deploy. Now the issue is the mother has intentions of switching her parental rights to her own mother and expects the child to be in her mothers care and not with her father, my husband. Can she do that, being that my husband won't be deployed in that time frame?

Also they have never been to court over custody or visitation, but will that have to be done to determine who my stepdaughter will live with for the 18 months her mother will be gone?

Asked on 9/07/10, 6:53 am

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

When you say that they "both signed over the parental rights to my husbands mother," what does that mean? Did they sign a contract with each other? Was a document filed with the court? Was your husband of the biological mother at the time of the child's birth? Has the father legitimized? I would need a lot more information to discuss the specifics of your situation.

At the end of the day, if your husband wants to protect his parental rights, he should IMMEDIATELY hire a Maryland family law attorney.

Best of luck.*******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 9/12/10, 7:23 am
Sean T. Morris Law Office of Sean T. Morris

These "signing over of parental rights" documents you speak of may not have the legal significance you think they do; and your husband's rights as the father may trump the conditions of any such document. Your husband should retain a lawyer as soon as possible to protect his interests, specifically to get a custody and visitation order put in place. My email address is [email protected] if you would like to discuss this any further. Good luck.

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Answered on 9/14/10, 9:59 am

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