Silver Spring, MD asked in Child Custody for Maryland

Q: How can I win my custody case if the people who were given temp custody are claiming to be defacto parents

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: Prove you are the biological parent, and allege and be prepared to prove that you are a fit and proper person to have custody of your child. There is a very strong presumption that a child belongs with his or her biological parent, absent proof that the parent is a danger to the health or safety of the child. Your question provides no facts to explain any of the circumstances for why your child has been awarded custody to the de facto parents, the history of the child, your history, etc. These facts matter. There is no answer to the question "how" you do something without knowing the "what" that as happened to bring matters to the present situation. The procedural process is by filing a petition to modify and grant you custody, but whether you are in the optimal position to actually prevail on such a petition is unknown without more details. Hire a family law attorney to review all the facts and map out of strategy to successfully restore your custodial rights.

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