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Changing custody order in maryland

SM with BM from hell's picture
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I'm so frustrated I hardly know where to start. Currently DH and BM have joint legal and physical custody of SD. The order is very vague, they do not have a visitation schedule. For the past five years DH has SD Friday after school until drop off Monday to school, every other holiday alternating years, spring and winter breaks, and eow in the summer. Before that BM just got sd sporadically on the weekends. DH was just served papers that BM wants sole custody. Of course this comes after going to court for child support and trying to claim he doesn't EVER get his daughter.
I guess my question is what is the likelihood she may get sole custody?

SM with BM from hell's picture

Last summer she tried to buy a house and was denied. That's when all hell broke loose. From that point forward she has tried to make DH look like a bad guy. I think she was told she could get him to pay CS and that would help her get a house. Well they went to court and that provided her what she needed to get a house. Now she just bought a house and then we get theses papers. I feel she got greedy when she saw how much he makes and what she could get if she has sole custody.

Eta... I'm a photo freak so I have tons of pictures of her from when she was 4 and living primarily with us

SM with BM from hell's picture

Thank you

Orange County Ca's picture

Good advise so far - here's some more:

I have no doubt child support is behind this whole thing. Why have a house when you can have a house and make him pay for it?

He could counter sue for full custody. Each of them takes a chance that the other will have to pay support. Unfortunately at 5 years age the decision is likely to go to the mother because of the "tender age" of the girl. But since she has already sued for full custody he has little to lose by making a similar claim.

At the hearing (maybe before hand - depends on the court system) he can request arbitration where the two of them can try and settle it without the court making a decision just rubber stamping whatever they decide on. Maybe even without lawyers present. If his ex is scared enough that she might have to start coughing up support she may just settle for the status quo except now it can be in writing and ordered by the court.

Rags's picture

Time for you and DH to bring the pain down on BM like a ton of shit in a 1 gallon ziploc. Bring the facts, the photos, the historical ties to BM's behavior (fishing for $CS to pay for her house), etc.....

Go for custody. You may not win but you will scare the shit out of BM in the process. At least go for 50/50 parenting time preferably WO/WO so that you get a week on then a week off including every other weekend free to focus on your marriage, home and resident family.

Get an attorny, the very best available in your area, and get your records and facts in order so that when BM shows up in court you can bare her ass.

Good luck and most of all ..... have fun! }:)