Family Law - Child Custody and Visitation - Parental Rights?

[reuben29]

I have a friend that lived in Maryland and she had... and still has joint custody of their son that is now 14. She moved to Fl. in 2004 and her ex didn't seem to have a problem with it seeing that he already had trouble keeping up with his child support and his "new family"...that he cheated on her with! They seemed to try and get along anyway and remained civil with each other, and she had also remarried anyway before moving. Times got to be rough here for them so they decided to move back in '07 at which point...things were no better there and the kids wanted to come back to Fl. so now she has saved money to return and try to make a better life where she and the children would rather be anyway. Since they've been back to Maryland, the ex has only spent time with his son a total of 4 times, and still even had alittle trouble keeping up with timely support payments...when he found out that she was planning to move back to Fl., he lost it! Said he was gonna call he lawyer and fight her over it. Even when she had her son here before, she always made sure that her son went to stay with dad as agreed, even though her son hated going. She doesn't have money for a lawyer and is scheduled to leave on the 25th...what should she do? Please someone got any ideas...what are her legal rights? And does their son at age 14 have any say so in this matter?

[varik]

I have a friend that lived in Maryland and she had... and still has joint custody of their son that is now 14. She moved to Fl. in 2004 and her ex didn't seem to have a problem with it seeing that he already had trouble keeping up with his child support and his "new family"...that he cheated on her with! They seemed to try and get along anyway and remained civil with each other, and she had also remarried anyway before moving. Times got to be rough here for them so they decided to move back in '07 at which point...things were no better there and the kids wanted to come back to Fl. so now she has saved money to return and try to make a better life where she and the children would rather be anyway. Since they've been back to Maryland, the ex has only spent time with his son a total of 4 times, and still even had alittle trouble keeping up with timely support payments...when he found out that she was planning to move back to Fl., he lost it! Said he was gonna call he lawyer and fight her over it. Even when she had her son here before, she always made sure that her son went to stay with dad as agreed, even though her son hated going. She doesn't have money for a lawyer and is scheduled to leave on the 25th...what should she do? Please someone got any ideas...what are her legal rights? And does their son at age 14 have any say so in this matter?

[nissim42]

Custody matters are very intricate and depend on a variety of factors that one cannot diagnose over the internet.
She really should try and get an attorney or apply for some kind of legal aid. In many cities there are legal aid clinics which will supply legal advice for free.
In any case it's not a good idea to turn up at a custody hearing without an attorney, especially if the other side has one.

[bing49]

Well, he wants to see his kids, can you blame him?

she has the legal right to move, and he has the legal right to subpoena her back to Maryland who will have jurisdiction over the case for up to 6 months after she moves. If he really does file then the state of maryland will have the right to tell her to move back with her children or hand custody of the children over to dad in maryland.

The son at 14 can choose which parent he wants to live with full time, but has no say in the non-custodial parents visiting rights.

And with regards to the whole child support thing, if he never paid her another dime, and never did pay her a dime that would have ZERO bearing on whether or not he gets to see his kids. Kids are not a car that you make payments on and if you don't make a payment they get repossed...kids need to see BOTH of their parents.

My step-son has the worst excuse for a mother I have ever seen. She lost custody when he was 4 and sometimes forgets it is her weekend, and sends him out in 30 degree weather in a t-shirt, and when he had a cough she gave him Nyquil, and after my husband got custody she said it was stupid for a woman to have to payc hild support so she doesn't......and yet every other weekend he is at her house. Why.....not because she is a good mother, but because she is HIS mother and she has every right to see him until the court says other wise.

[arber47]

There's not much she can do, unless she has a lawyer. These kinds of cases must be handled by professionals. I wish there was more I could tell you, but this is probably the best advice I can give you. I gave you a link to a lawyers website that I would recommend do this work for her. Good Luck.