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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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This person who shall remain nameless is unmarried lives with

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This person who shall remain nameless is unmarried lives with his ex and two little girls in a apartment that both their lease names are XXXXX XXXXX is his blood daughter. He pays child support despite taking care of them. The woman being spiteful has made these conditions to where he can't leave her less he wants to leave the kids with her. If he tries to take his daughter somewhere even visit wise, she calls the police. Don't know if anyone has filed for custody. But she is a unfit mother. She's went out looking for him leaving the kids alone in the house. All of which are under 6 yrs. In the state of Maryland, can this person fight for any type of custody and if so, how? How would you handle this situation?
Thank you for your question. Please permit me to assist you with your concerns.

I am sorry that the person is in this situation. Am I to understand that there is no custodial order in place at all? Also, the mother was described as 'unfit'...what specifically has she done to be described in such a manner since that description is fairly specific iin statutory language. Please advise!
Customer: replied 3 years ago.

She leaves her children in the house by themselves. They're not old enough for that. (I have a family member who did this and had lied to the police about how her kids got out of a third floor apartment.) She interrogates her children for information pertaining to 'his' whereabouts. Like things they wouldn't know. There just babies not teens. She consumes her time being his life...yet there single and he's made it ultimately clear that they are just roommates watching over their children. Other people who do not live there and have visited have seen this. She's made threats that shed kill herself and the kids if he leaves her. She's threatened to send one off to "her" side of the family all because he doesn't want to be with this person. Unless that sounds reasonable to you then I don't have to go any deeper than that.

Thank you for your follow-up.

That does help. The reason I asked about 'unfitness' is that the courts tend to focus on behavior such as history of abuse or neglect, domestic violence, drug use, alcohol abuse, mental illness, criminality, moral turpitude, and the like. If you have evidence, then you can point to neglect, potentially mental illness, and also claim 'parental alienation' if she is attempting to turn the kids against the other parent.

Based on the facts provided, pursuing a petition for custody is permitted. There is a misconception that because the person is male they will automatically lose in court. That is not true. The courts look to what they see as 'the best interest' of the children, and if that happens to be the father, they will side with him. It will involve evidence, potentially witnesses, but pursuing custody is possible. It may be also wise to move out (with the kids), file for emergency sole custody WHILE waiting for the hearing for permanent rights, and care for the kids until the issue is resolved.

Good luck.

Customer: replied 3 years ago.

Ok. So if he moves out with the kids, and she calls police and "follows" him, which she's been known to do, then could he still do all this while living there so as to prevent any extreme situations within the house?

Thank you for your follow-up.

This is not a criminal matter but a civil matter, the police would not be able to help her if she has no court order. In addition if she follows him and harasses him, he can file for a restraining order on behalf of himself and kids to keep her away from him until the order is evaluated.

Good luck.

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