QUESTION

How can grandparents get custody in Maryland?

Asked on Jun 13th, 2012 on Child Custody - Maryland
More details to this question:
My son and his girlfriend had a baby. They have lived with us for more than 2 yrs. The baby is now 14 mo. old. they fight all the time she is very violent with him hitting and punching on him while fighting. They both do drugs. He is trying to clean up. Thinking about the army. She is not. she wants to leave with the baby. My wife and myself take care of the baby. We put her to bed every night and get up with her during the night and every morning. We have her every weekend. We give her baths. The mom has to go out every night. Always some excuse. How can we get temp or perm custody? What would we have to do? The baby comes to one of us for everything. We really don't want her taking the baby from home to home or hotel to hotel. That is how she was raised with her parents. Is there anything we can do?
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1 ANSWER

Juvenile Criminal Law Attorney serving Towson, MD at Law Office of Michael G. DeHaven, P.A.
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Any third party (including a Grandparent) has to show either parental unfitness or exceptional circumstances before a third party can obtain custody. Unfortunately, this is often difficult to prove. However, physical abuse and drug abuse are both factors that a court will consider in determining whether the parties are unfit or there are sufficient exceptional circumstances justifying a custody award to a non-parent. The court will consider what schedule would be in the minor child's best interest if you meet that burden. You should consult with an attorney who has experience in such matters to determine whether the facts of your case are sufficient to pursue a complaint for custody.
Answered on Jun 21st, 2012 at 4:55 PM

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