Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

This person who shall remain nameless is unmarried lives with

his ex and two little...
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?
Show More
Show Less
Ask Your Own Family Law Question
Answered in 2 minutes by:
9/1/2013
Dimitry K., Esq.
Category: Family Law
Satisfied Customers: 41,221
Experience: I provide family and divorce law advice to my clients in my firm.
Verified
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!
Ask Your Own Family Law Question
Customer reply replied 4 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.

Ask Your Own Family Law Question
Customer reply replied 4 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.

Dimitry K., Esq.
Category: Family Law
Satisfied Customers: 41,221
Experience: I provide family and divorce law advice to my clients in my firm.
Verified
Dimitry K., Esq. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41,221
41,221 Satisfied Customers
Experience: I provide family and divorce law advice to my clients in my firm.

Dimitry K., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

41,221 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I have a question about my case on Domestic Violence. I am
Hi Pearl, my name is***** have a question about my case on Domestic Violence. I am the plaintiff my wife is the defendant. what will I prepare during the Trial? … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,439 satisfied customers
What is necessary for a parent to obtain sole custody of a
What is necessary for a parent to obtain sole custody of a child who is receiving financial support from Social Security? … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,439 satisfied customers
My Daughter's fiancé was arrested for domestic violence that
My Daughter's fiancé was arrested for domestic violence that we are certain did not happen. She did not bring charges against him. She had no bruises. Along with a jail sentence (30 days), the judge i… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
My husband was charged with domestic violence and felonious
My husband was charged with domestic violence and felonious assault. I stood up for him for the judge to drop the protection order and he did..... … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,458 satisfied customers
My daughter's husband has filed for sole custody of their
My daughter's husband has filed for sole custody of their children. Why would the courts give sole custody to one parent? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
My ex is promoting parental alienation syndrome and is in
My ex is promoting parental alienation syndrome and is in contempt of a civil judgment that allows me parenting time. What are the first forms that I fill out to gain custody of my child? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
My son owes $25,000 in back child support, the mother has
My son owes $25,000 in back child support, the mother has never had anything to do with the kids, the Court has stopped his payments but how does he clear the money owed, he has had sole custody for 1… read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,428 satisfied customers
Can a domestic violence judgemant be overturned with
can a domestic violence judgemant be overturned with evidence that conterdicts everything presented at trial … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
Back in '08 i was a victim of domestic violence. My wife was
Back in '08 i was a victim of domestic violence. My wife was arrested for it. She ended up doing prison time for two assults with a deadly weapon against a neighbor. Early '06 she got out and like an … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
415 satisfied customers
My daughter is going to court for domestic violence and her
My daughter is going to court for domestic violence and her ex is free to continue visitation. He claimed he can't support his daughter because he can't work due to his mental issues. He has an anger … read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
My wife filed a domestic violence restraining order on me
My wife filed a domestic violence restraining order on me while I was out of town. They lawyer she has is know to do this. I'm not getting a lawyer as of now and would like to know what I need to do t… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I filed a domestic violence restraining order that was
Hello. I filed a domestic violence restraining order that was temporarily approved. However when it came to court, the respondant brought an attorney where I did not bring mine even though I had one o… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,353 satisfied customers
A judge issued a Domestic Violence restraining order
A judge issued a Domestic Violence restraining order prohibiting me from seeing my children. He did so for no reason whatsoever, did not allow a hearing, and such order was not requested by anyone. Th… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I was granted a domestic violence temporary restraining
I was granted a domestic violence temporary restraining order and The restraining order was from one assault alone. Also keep in mind another assault was not included in original request. I did not sh… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,979 satisfied customers
Individual took guilty plea for domestic violence. Court
Individual took guilty plea for domestic violence. Court order 2 year no contact and anger management. The person being protected constantly calling and texting. Blackmailing to go to parole officer a… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,498 satisfied customers
I'm a domestic violence/ assault victim/survivor proceeding
Hello, I'm a domestic violence/sexual assault victim/survivor proceeding to petition for a complete identity change. The complete identity change will include a new name and a replacement birth certif… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,360 satisfied customers
If I have a domestic violence restraining order against my
If I have a domestic violence restraining order against my wife, am I able to contact here even though she is no allowed to contact me? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,346 satisfied customers
Restraining order for harrassment. Mother of my child wanted
restraining order for harrassment. Mother of my child wanted me to return my son early for her graduation. On that date we got into a verbal altercation then 4 days later she filed a harrassment restr… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,844 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x