Pikesville, MD asked in Child Custody for Maryland

Q: My siblings are living with my dad who's emotionally destroying them is their anyway I could get custody?

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1 Lawyer Answer
Evan M. Koslow
Evan M. Koslow
Answered
  • Divorce Lawyer
  • Annapolis, MD
  • Licensed in Maryland

A: How old are you? If you are over 18, it possible that you can. However, anyone seeking custody of a child that who is not their biological (or adopted) parent, the individual(s) must show the court that the natural (adopted) parent(s) are unfit (i.e. abuse, drug issues, or neglecting the child) or exceptional circumstances have occurred (i.e. the third 3rd party has historically been the primary caregiver of the child or the parent(s) abandoned the child). Further, even if a 3rd party can prove that the natural (adopted) parent(s) are unfit or there are exceptional circumstances, the court then must determine what whether a custody arrangement is in the best interest of the child the same way they would just like it does if the parties are only the natural (adopted) parents. Both your dad and mom would need to be named as parties in a court action.

Perhaps it is best that you speak to your father to see if he is okay that your siblings live with you. If he is you can enter into custody agreement with him (you would also need to have your mom sign this agreement as well).

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