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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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I am in Maryland and My 5 yr old son currently stays with his

Customer Question

I am in Maryland and My 5 yr old son currently stays with his mother who does not have a job and has not worked in the past 4 years and shares a bedroom with his 8 yr old sister and the electricity is currently off in her apartment so she has been staying from place to place and he sleeps on the couch or floor of where ever they stay. He frequently visits and stays at my home with me and my fiancee which we both have a stable job and he has his own bedroom. Earlier this week I filed for custody and filed a report with child protective services. He is due to come this weekend. Can I keep him and refuse to send him back to her home? Will I get in trouble? Do I have to let her see him before we go to court? I don't want to keep him from seeing her however I fear she will take him and flee to another state - Montana where she has family.
Submitted: 6 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your question.

May I ask, do you have legal rights to the child or some sort of partial custody?
Customer: replied 6 years ago.
Sorry, I tried to remember everything and forgot the most important part. There has never been any custody order established. I am his father and my name is XXXXX XXXXX his birth certificate and he has my last name.
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your follow-up.

That is a bit of good news. Since you are listed as the father, you are considered to have (at least on paper) equal rights to the mother. That means that you can legally withhold the child from her WITHOUT penalty to yourself until a formal court order is put in place. you can claim your grounds may be unfitness of the other parent and the genuine risk of having the other parent flee with the child. So no, if you wish to withhold the child, since there is no court order, you are able to do so.

Good luck.