Full custody in Maryland

Anonymous
I have been told it is nearly impossible. What do you need to be able to prove/show to be awarded full custody? I feel trapped in my marriage because I actually fear for children's safety if they are with dad- hard to prove though.
Anonymous
I was able to get full custody. Her dad is pretty all over the place and left the state for a while. It helped that he didn't show up to court. We also had a history of restraining orders. Good luck. It was stressful.
Anonymous
The family court system is so broken. I know someone who had documented abuse--- ER and doctor visits for injuries to the child. The child told his therapist he's scared of his dad and dad is mean and hits him and she still couldn't get full custody. This is why some women have to go underground to protect their children.
ZachF
Member Offline
I did it in MD and I'm a man.
Anonymous
Anonymous wrote:The family court system is so broken. I know someone who had documented abuse--- ER and doctor visits for injuries to the child. The child told his therapist he's scared of his dad and dad is mean and hits him and she still couldn't get full custody. This is why some women have to go underground to protect their children.


Similar, but sexual abuse by the father. He still got partial custody.
Anonymous
You really need to talk to an attorney.

That said, I was told by my attorney that a despite a diagnosis of bipolar plus admitted drinking problem and highly repetitive infidelity, my now exDH would get 50/50 custody if he pursued it thru the courts. Absent evidence of serious physical or sexual abuse, I would not expect to get full custody. But, the lawyer can tell you the odds based on your specific factual situation and how to document to maximize your chances.

I gambled. I stayed together until my youngest. was 18 months old. I spent that time trying to get him to get into AA and see a therapist and psychiatrist. That didn't really work.

I also spent time gathering hard evidence of his problems. When I finally was ready, I told him at a joint counseling appointment that I was asking him to leave the house in 2 days. I informed him, in front of the counselor, about all the details (infidelity, drinking, pill-stealing, etc.) and evidence I had. He was pretty stunned and the counselor encouraged him to see that I was serious, and his best option was to move out as requested.

I think what I learned in this situation is that I could not depend on the courts to protect me and my kids physically or financially or do what was in the kids best interest. I accomplished full custody by manipulating the interpersonal aspects of the situation between my ex and I so that he would see it as in his interests to just let the kids live with me and see them frequently. (Much easier for him.)

As the kids grew, I made daily decisions about what situations were safe for them with him, manipulated the situation as much as I could without direct confrontation, and educated the kids about how to take care of themselves. They grew up faster than other kids in terms of having to watch out for themselves.

10 years later, I still have full custody of the kids. They have thrived. They have a decent relationship with him. It has been very tough on me financially and interpersonally, but in the long run, I consider it an investment in my kids that will enable them to be independent sooner (rather than messed up and needing my help long term).

So, moral of the story, can you get what you want without going thru the courts? Yes, it can be a bit risky, but consider your situation and what the odds are.
ZachF
Member Offline
Anonymous wrote:You really need to talk to an attorney.

That said, I was told by my attorney that a despite a diagnosis of bipolar plus admitted drinking problem and highly repetitive infidelity, my now exDH would get 50/50 custody if he pursued it thru the courts. Absent evidence of serious physical or sexual abuse, I would not expect to get full custody. But, the lawyer can tell you the odds based on your specific factual situation and how to document to maximize your chances.

I gambled. I stayed together until my youngest. was 18 months old. I spent that time trying to get him to get into AA and see a therapist and psychiatrist. That didn't really work.

I also spent time gathering hard evidence of his problems. When I finally was ready, I told him at a joint counseling appointment that I was asking him to leave the house in 2 days. I informed him, in front of the counselor, about all the details (infidelity, drinking, pill-stealing, etc.) and evidence I had. He was pretty stunned and the counselor encouraged him to see that I was serious, and his best option was to move out as requested.

I think what I learned in this situation is that I could not depend on the courts to protect me and my kids physically or financially or do what was in the kids best interest. I accomplished full custody by manipulating the interpersonal aspects of the situation between my ex and I so that he would see it as in his interests to just let the kids live with me and see them frequently. (Much easier for him.)

As the kids grew, I made daily decisions about what situations were safe for them with him, manipulated the situation as much as I could without direct confrontation, and educated the kids about how to take care of themselves. They grew up faster than other kids in terms of having to watch out for themselves.

10 years later, I still have full custody of the kids. They have thrived. They have a decent relationship with him. It has been very tough on me financially and interpersonally, but in the long run, I consider it an investment in my kids that will enable them to be independent sooner (rather than messed up and needing my help long term).

So, moral of the story, can you get what you want without going thru the courts? Yes, it can be a bit risky, but consider your situation and what the odds are.


Congratulations to you. You put your children first and protected them where the laws are just not strong enough. We should get together and write a book on this. If you are depending on the courts, the law, or especially an attorney to act in your best interests and those of your children, you will lose. You have to take matters into your own hands and stop at nothing to accomplish what needs to be done. Most of all, take those big risks.
Anonymous
I know this is about MD courts but are VA courts better around this issue? I meet with an attorney this week but am curious to know anyone who has dealt with interstate custody where child is in VA with one parent and the other parent is in MD.
Anonymous
Anonymous wrote:I know this is about MD courts but are VA courts better around this issue? I meet with an attorney this week but am curious to know anyone who has dealt with interstate custody where child is in VA with one parent and the other parent is in MD.


In VA it depends upon the county and the judge. I know a number of single dads in VA with sole custody. Also know that in VA child support for sole custody is much less than in MD.

Where was the marital home?

A lawyer told me that in MD part of the reason for shared being likely is that the MD Constitution has an equal rights amendment. The other reason is that MD tends to be more "progressive" and most modern research shows children benefit from shared custody as long as neither parent is an abuser or addict.
Anonymous
Anonymous wrote:
Anonymous wrote:I know this is about MD courts but are VA courts better around this issue? I meet with an attorney this week but am curious to know anyone who has dealt with interstate custody where child is in VA with one parent and the other parent is in MD.


In VA it depends upon the county and the judge. I know a number of single dads in VA with sole custody. Also know that in VA child support for sole custody is much less than in MD.

Where was the marital home?

A lawyer told me that in MD part of the reason for shared being likely is that the MD Constitution has an equal rights amendment. The other reason is that MD tends to be more "progressive" and most modern research shows children benefit from shared custody as long as neither parent is an abuser or addict.


Thanks very much for your helpful insight. The marital an home is in MD, the VA county would likely be Fairfax Alexandria or Arlington. I wonder why child support is less on VA if full custody is more likely.
Anonymous
My ex sis-in-law did. Ask for a best interest attorney to be appointed for the kids. Expensive but worth it.
Anonymous
Anonymous wrote:
Anonymous wrote:The family court system is so broken. I know someone who had documented abuse--- ER and doctor visits for injuries to the child. The child told his therapist he's scared of his dad and dad is mean and hits him and she still couldn't get full custody. This is why some women have to go underground to protect their children.


Similar, but sexual abuse by the father. He still got partial custody.


How is this possible??
Anonymous
Anonymous wrote:
Anonymous wrote:The family court system is so broken. I know someone who had documented abuse--- ER and doctor visits for injuries to the child. The child told his therapist he's scared of his dad and dad is mean and hits him and she still couldn't get full custody. This is why some women have to go underground to protect their children.


Similar, but sexual abuse by the father. He still got partial custody.


I'm guessing there was no solid proof of sexual abuse otherwise the father have been prosecuted (& sent to jail if found guilty). I'm not saying the abuse didn't happen, just that it couldn't be proven in court (which is often the case unfortunately) & that's why it didn't affect the custody ruling.
Anonymous
Anonymous wrote:The family court system is so broken. I know someone who had documented abuse--- ER and doctor visits for injuries to the child. The child told his therapist he's scared of his dad and dad is mean and hits him and she still couldn't get full custody. This is why some women have to go underground to protect their children.


Yes, in the no so distant past the courts favored mothers when it came to custody issues, so much so that it was very rare for the mothers not to be given primary custody, even if this wasn't in the best interest of the children. Now the pendulum seems to have swung the other way & 50/50 custody is the default to the point where it is given even in situations where the kids would clearly be better off living primarily with one parent.
Anonymous
Does violence against co parent count?
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