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Custody WAR

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What is the name of your state (only U.S. law)? Maryland

Two years ago I was in a custody "issue" with my ex. You guys heard from me then with the situation. My ex and I had been together for 4 years. When we got together I was 16 and he was 24 (I know this leaves me open to attack). At the time that my ex and I split up, it was a violent occurrence. The relationship was abusive, mostly mentally abusive. His brothers were physically abusive toward me, there were three brothers total. We had a two bedroom row house that we lived in. He moved 9 other people in with us. After several fights and me having my life threatened on multiple occasions, he moved his parents and brothers into a house about 4 blocks down the road. My ex didn't like me having my own thoughts, opinions, or independence. I was not able to have a job, friends, or family. I was pregnant with our second son at the time we split up, about 3 months. The night we split up, is still kind of a blur. I asked him not to have his brother at our house drinking again, since he tried to beat up the priest that lived next door, and would always try to either start a fight with me, or try to get me to sleep with him after my, then boyfriend, fell asleep. After them drinking for a few hours, I had decided I had heard enough of them fighting, crying, and screaming at me. I decided to take a shower and go to bed. As I took a shower, they both stood outside the hallway screaming at me.

As I came out of the shower, my ex's brother decided to throw me around the kitchen and slam me into walls. After about an hour of his brother screaming at me, and him standing to the side in amusement. I decided to go to their parents house, where at least their father would keep them from torturing me. I would not tell them where I was going, but when I went upstairs to get my son, my ex freaked out. I didn't think they would hurt him, but he was only 1 year old and I knew with them being drunk, they could not watch him. It was me they hated, not him. At least I thought they wouldn't hurt him. On my way out the door, my ex's brother slammed us against the wall and pulled a Samari sword on me. It was a display sword, and was not sharpened, but it did have a nasty point on it. My ex laughed and took the sword away from him. I was afraid for my life, so I called the police. He was arrested and they located the sword stuffed under my couch.

I did not have anywhere else to go, since I didn't have any friends or family. I called the local shelters, but it was winter and they were full, even after hearing the situation I was in. I had a baby to look after so I couldn't sleep on the streets. I was forced to stay in the house. He stayed at his parents house so that I could have the house, he was furious at me. One night he used his key to get into the house. He told me that I had to drop the charges against his brother, or he was going to let his other brothers do what they wanted and they had plans for me. I found out that the state had picked up the charges against him and that he was facing 60 years in prison. The next morning, my ex dropped me off at the police station, and told me that I was to tell the police that I lied about what happened. He told me that if I didn't and I told them that he threatened me, that there was still two more of them that would make me an example. I was charged with false statement to an officer and obstruction of justice. I served 5 days on a 90 day sentence.

After being free from him for two years, and being forced to allow my son to stay with his father due to financial situation, something terrible happened. Mind you I had my son every weekend, and he only saw our youngest son for 4 hours on Sunday (his choice) My oldest son came to me and told me that while he is at daddy's house, he locked him in a room every morning. After confronting his mother about it, I found out that the allegations were true. He locked my son in a room every morning from 6:30 when he went to work, until his mother go home from work at 9 am. She said it was for his own protection. Mind you, his parents and him share a duplex, so the anyone else that could watch him was next door. My son was in a house by himself. Between the time I talked to her, and the time that CPS showed up, the lock was removed from the door and the holes were caulked. They did see a pattern on the door that was consistent with a slide lock. (you heard from me on this incident too). Just because there was a pattern, and no lock, they could not charge him. He did however get a "strict scolding" from the fire marshal. We live in the state of Maryland, and since we were never married, my attorney said I did not have to allow him to see my children. Especially since there was no custody agreement in order.

He filed for custody of one child (out of two), I got an attorney. We went to court ordered mediation and he wasted 8 hours of my time and $800 of my dollars. After we worked out a custody agreement, he conferred with his father and was told that he could not accept the agreement (he is currently 32). At the end of the mediation he said he was afraid of me. We got booted. Apparently that is phrase you cannot say in mediation. We were given a court date for December, which was only a few months away. Two weeks before the court date, I get a call from my attorney saying that the case was dropped. When I asked why, she responded by saying that the court typically does not drop cases under these terms, but he said he no longer wishes to pursue custody.

In the last two years, he has seen our children one time. It was actually at the one year marker. He took them swimming at the YMCA for 4 hours. In a recent conversation with him, he stated that he wanted to see "his children." I told him that I would agree as long as he was a stable force in their lives. Coming in and out of their lives the way he does is confusing and hurts them more than he could ever know. He told me that he would not be victim to my rules and regulations. After conferring back and forth for a while, he decided that he was going to be a "stable force." He wanted to see them on Saturday (that was three weeks ago). Saturday never came.

Now he says that he spent the last two years working on finding a better job to sue me for custody (In the state of Maryland this lands us back in mediation). Do you think he has a chance? He says that he is more financially stable but still lives with the crazy people he lived with before. I have an associates degree, but it doesn't put me in the top ranking for finances especially because I do not work in my degree field. I work for Yahoo Voices. Honestly I get paid enough to get by. He has a bachelors degree and can make a considerable amount more than me because of his specialty.
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Maryland

Two years ago I was in a custody "issue" with my ex. You guys heard from me then with the situation. My ex and I had been together for 4 years. When we got together I was 16 and he was 24 (I know this leaves me open to attack). At the time that my ex and I split up, it was a violent occurrence. The relationship was abusive, mostly mentally abusive. His brothers were physically abusive toward me, there were three brothers total. We had a two bedroom row house that we lived in. He moved 9 other people in with us. After several fights and me having my life threatened on multiple occasions, he moved his parents and brothers into a house about 4 blocks down the road. My ex didn't like me having my own thoughts, opinions, or independence. I was not able to have a job, friends, or family. I was pregnant with our second son at the time we split up, about 3 months. The night we split up, is still kind of a blur. I asked him not to have his brother at our house drinking again, since he tried to beat up the priest that lived next door, and would always try to either start a fight with me, or try to get me to sleep with him after my, then boyfriend, fell asleep. After them drinking for a few hours, I had decided I had heard enough of them fighting, crying, and screaming at me. I decided to take a shower and go to bed. As I took a shower, they both stood outside the hallway screaming at me.

As I came out of the shower, my ex's brother decided to throw me around the kitchen and slam me into walls. After about an hour of his brother screaming at me, and him standing to the side in amusement. I decided to go to their parents house, where at least their father would keep them from torturing me. I would not tell them where I was going, but when I went upstairs to get my son, my ex freaked out. I didn't think they would hurt him, but he was only 1 year old and I knew with them being drunk, they could not watch him. It was me they hated, not him. At least I thought they wouldn't hurt him. On my way out the door, my ex's brother slammed us against the wall and pulled a Samari sword on me. It was a display sword, and was not sharpened, but it did have a nasty point on it. My ex laughed and took the sword away from him. I was afraid for my life, so I called the police. He was arrested and they located the sword stuffed under my couch.

I did not have anywhere else to go, since I didn't have any friends or family. I called the local shelters, but it was winter and they were full, even after hearing the situation I was in. I had a baby to look after so I couldn't sleep on the streets. I was forced to stay in the house. He stayed at his parents house so that I could have the house, he was furious at me. One night he used his key to get into the house. He told me that I had to drop the charges against his brother, or he was going to let his other brothers do what they wanted and they had plans for me. I found out that the state had picked up the charges against him and that he was facing 60 years in prison. The next morning, my ex dropped me off at the police station, and told me that I was to tell the police that I lied about what happened. He told me that if I didn't and I told them that he threatened me, that there was still two more of them that would make me an example. I was charged with false statement to an officer and obstruction of justice. I served 5 days on a 90 day sentence.

After being free from him for two years, and being forced to allow my son to stay with his father due to financial situation, something terrible happened. Mind you I had my son every weekend, and he only saw our youngest son for 4 hours on Sunday (his choice) My oldest son came to me and told me that while he is at daddy's house, he locked him in a room every morning. After confronting his mother about it, I found out that the allegations were true. He locked my son in a room every morning from 6:30 when he went to work, until his mother go home from work at 9 am. She said it was for his own protection. Mind you, his parents and him share a duplex, so the anyone else that could watch him was next door. My son was in a house by himself. Between the time I talked to her, and the time that CPS showed up, the lock was removed from the door and the holes were caulked. They did see a pattern on the door that was consistent with a slide lock. (you heard from me on this incident too). Just because there was a pattern, and no lock, they could not charge him. He did however get a "strict scolding" from the fire marshal. We live in the state of Maryland, and since we were never married, my attorney said I did not have to allow him to see my children. Especially since there was no custody agreement in order.

He filed for custody of one child (out of two), I got an attorney. We went to court ordered mediation and he wasted 8 hours of my time and $800 of my dollars. After we worked out a custody agreement, he conferred with his father and was told that he could not accept the agreement (he is currently 32). At the end of the mediation he said he was afraid of me. We got booted. Apparently that is phrase you cannot say in mediation. We were given a court date for December, which was only a few months away. Two weeks before the court date, I get a call from my attorney saying that the case was dropped. When I asked why, she responded by saying that the court typically does not drop cases under these terms, but he said he no longer wishes to pursue custody.

In the last two years, he has seen our children one time. It was actually at the one year marker. He took them swimming at the YMCA for 4 hours. In a recent conversation with him, he stated that he wanted to see "his children." I told him that I would agree as long as he was a stable force in their lives. Coming in and out of their lives the way he does is confusing and hurts them more than he could ever know. He told me that he would not be victim to my rules and regulations. After conferring back and forth for a while, he decided that he was going to be a "stable force." He wanted to see them on Saturday (that was three weeks ago). Saturday never came.

Now he says that he spent the last two years working on finding a better job to sue me for custody (In the state of Maryland this lands us back in mediation). Do you think he has a chance? He says that he is more financially stable but still lives with the crazy people he lived with before. I have an associates degree, but it doesn't put me in the top ranking for finances especially because I do not work in my degree field. I work for Yahoo Voices. Honestly I get paid enough to get by. He has a bachelors degree and can make a considerable amount more than me because of his specialty.




It's not clear - but who actually has physical custody right now?
 

ecmst12

Senior Member
Your post is entirely too long and full of unnecessary information.

It does not sound like there has been any change in circumstances to allow him to file for a change in custody. And if he hasn't seen them in a year, then even if there WAS a change in circumstance, he wouldn't have much of a chance. Who makes more money is irrelevant.
 
Your post is entirely too long and full of unnecessary information.

It does not sound like there has been any change in circumstances to allow him to file for a change in custody. And if he hasn't seen them in a year, then even if there WAS a change in circumstance, he wouldn't have much of a chance. Who makes more money is irrelevant.

I actually have physical and legal custody as we were never married. There never has been a custody agreement. The reason I added all of the information is because I felt the entire situation was of value.

A second question. Is any of the above information enough grounds to terminate his parental rights?
 
Last edited:
No. Have you even legally established paternity?

He signed an affidavit of parentage for my oldest son. The state of Maryland made me do a paternity test for child support. They are not holding to their end of the deal either. He is only paying enough each month to keep himself out of jail, and they are not taking it out of his check every month as they should. The reason for that is they don't want to upset him and make him stop paying or quit his job. No matter how much I have argued with them. Since we split up, he has had 9 other children, he only sees 3.
 

ecmst12

Senior Member
If there is a child support order, then paternity is established. I see nothing to justify termination of rights. The only way that would be possible would be if you are married, your husband wants to adopt, and dad voluntarily agrees to sign away his rights. But there's also no REASON to terminate his rights. If he wants to file for visitation, good for him. You'll have to comply with the order if one is established. He's not going to get custody though, not with how things are now.
 
If there is a child support order, then paternity is established. I see nothing to justify termination of rights. The only way that would be possible would be if you are married, your husband wants to adopt, and dad voluntarily agrees to sign away his rights. But there's also no REASON to terminate his rights. If he wants to file for visitation, good for him. You'll have to comply with the order if one is established. He's not going to get custody though, not with how things are now.

There is a support order, it is just not enforced. Which really doesn't make sense because it is through child support enforcement. He brings a money order into social services weekly on what he wants to pay. There is a court order to take it out of his payroll, but they do not want to enforce it because they are afraid with his attitude that he will quit his job so they can't take what the kids deserve.
 
If there is a child support order, then paternity is established. I see nothing to justify termination of rights. The only way that would be possible would be if you are married, your husband wants to adopt, and dad voluntarily agrees to sign away his rights. But there's also no REASON to terminate his rights. If he wants to file for visitation, good for him. You'll have to comply with the order if one is established. He's not going to get custody though, not with how things are now.

If he wanted visitation rights, I would be more than happy to comply. A child needs their father just as much as they need their mother. I have done everything, including beg him to be in their lives. He of course wants all or nothing, and he was more than happy to tell the mediator that.
 

ecmst12

Senior Member
Then you have nothing to worry about. Cut it out with the melodrama (there is not going to be a "war") and relax.
 

not2cleverRed

Obvious Observer
Please look up the following 2 phrases:

"status quo"

and

(legal) "change of circumstances"

Knowing and understanding these phrases will help you.
 
Please look up the following 2 phrases:

"status quo"

and

(legal) "change of circumstances"

Knowing and understanding these phrases will help you.

Thank you very much for the words to research. I wonder if I can get a modification in child support. The public school my son is in wants to send him to a magnet school because he is advanced. He is in kindergarten and is at a second grade level. Unfortunately I cannot afford it with the meager child support I am getting and my income. My son has a disability that if he is bored, he begins to do questionable things. Like use his pencil to dig a small crater in his desk. They moved him to first grade reading, spelling, and math and he was less bored. They finally gave up and moved him to second grade reading, spelling, and math. The craters finally stopped. They offered to stick him in second grade next year, but the kids will be so much bigger than him.

A magnet school would leave sway in the work he would get in case he fell behind some. His father should at least provide that since he has and a "dramatic increase in income." Or does that sound greedy?
 

ecmst12

Senior Member
He's not paying what he's ordered to pay now. What difference do you think getting a modification will make?
 

gr8rn

Senior Member
There is a support order, it is just not enforced. Which really doesn't make sense because it is through child support enforcement. He brings a money order into social services weekly on what he wants to pay. There is a court order to take it out of his payroll, but they do not want to enforce it because they are afraid with his attitude that he will quit his job so they can't take what the kids deserve.

This does not even make sense. Support enforcement does not work that way. How long has the support order been in place? And how often have you gone back to ask for modification or enforcement of the order? I would ask to speak with someone about this. It doesn't make sense that they would be afraid of anyone's attitude.
 

LdiJ

Senior Member
This does not even make sense. Support enforcement does not work that way. How long has the support order been in place? And how often have you gone back to ask for modification or enforcement of the order? I would ask to speak with someone about this. It doesn't make sense that they would be afraid of anyone's attitude.

She did say that he had either 9 children total or 9 children besides her children. I suspect that what he is voluntarily paying is probably more than what could be garnished from his wages.
 

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