Silver Spring, MD asked in Family Law and Child Custody for Maryland

Q: What action can I take?

My sons' are 9 and 12. They refuse to go back to their Father's house. We have 50/50 custody, but no schedule agreement filed with the court. After taking several comments from them out of context, my ex husband bagged up all their belongings from the house he shares with them and dropped it all on my front porch. Is this grounds for filing for custody?

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1 Lawyer Answer

A: Given the limited facts above, I am unclear what you mean about 50/50 custody but no schedule agreement. If you are saying that there is no court order or involvement, then I'd wait and see if the matter blows over. Humans are complicated especially with emotions involved so this may just blow over in a week or so. However, if there is a court order, the kids do not have the power to dictate you or your ex's compliance. So, you would be better off talking to their father to figure out whether his actions are based in the moment or if he is serious. If serious, then it's up to you as to whether you want to get the court involved in a determination of custody.

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