Maryland Child Custody Legal Questions

Why did your mother and stepfather get custody of your child? You can file for modification of custody if you can overcome the threshold requirement that "there has been a change of circumstances such that a change of custody will be in the minor child's best interest." Courts favor biological parents over grandparents so if you also meet the custody standard of being "a fit and proper person " to have custody of your child, you may very well be successful.... Read More

Basically all property (except for inherited or specific gift to one spouse that has not been co-mingled) that is accumulated during your marriage can be considered martial property subject to the equitable powers of the court to divide between the spouses. You owned the condo before you were married and I am assuming you did not sign over 1/2 interest in this property to your husband after you were married. He could argue that he paid mortgage payments (if he actually paid) and therefore he has some equitable rights in the property. However it sounds as if your husband did nothing to acquire or maintain the property and therefore should have no rights or interest in it. Since your bank account is jointly titled, the remaining balance will be split. He may have a claim to the coverture share of your pension-which represents half of what you deposited into the pension only during the 2 years you were married.... Read More

If neither one of you has a custody order from the court that delineates each parent's access time with their children, then yes, she has a constitutional right to travel with them as long as they are safe and well cared for. If you started a case for divorce and/or custody, which I suggest you do, you could file an emergency motion with the court preventing her from leaving Maryland until the court has made a custody determination.... Read More

Generally, ownership, use and possession of the marital home and each ownership spouse's possessions are determined in the divorce agreement. If that has not happened, you should talk to your lawyer (or a new one if necessary) about resolving those issues. The house and your belongings are big issues to leave unresolved. You may need to look into a modification to address them.... Read More

I can not tell you (nor should any lawyer tell you in type of forum) whether you are being offered a "fair settlement." However, based upon several of the facts you submitted in your query, it seems like you would be a candidate for indefinite alimony. HOWEVER, you need to meet with a lawyer to discuss the factors that a Judge must consider in determining alimony, and those factors that will be considered in determining a monetary award. I'm not sure what you mean by "forensic lawyer," but you may also request that the court grant you costs, including reasonable attorneys fees, for pursuing the alimony claim.... Read More

File for custody of the child immediately. In the absence of a custody order, the biological mother has superior rights to the child, notwithstanding what may appear in the father's will. For a grandparent to prevail in a custody battle with a biological parent, the grandparent must show that the biological parent is unfit or that some exceptional circumstance exists. If either of those factors can be demonstrated, then the court would determine custody based on the best interest of the child. I strongly recommend that you consult with an experienced family law attorney at your earliest convenience.... Read More

To reduce or modify a parent's visitation, you will need to file a petition to modify with the court. You will need to prove that there is a substantial and material change in circumstance that justifies the modification of the custody order. If it is in the best interests of the child(ren) to modify the order, the Court should modify the order in such a way as to protect the best interests of the children.... Read More