Ask Experts Questions for FREE Help !
Ask
    jbarony1977's Avatar
    jbarony1977 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Mar 19, 2013, 12:35 AM
    Child abandonment laws in Maryland
    My 6 month old niece has been in my care for over 3 months while her mother was supposed to be going into rehab for alcohol. She was "released" from rehab after a week of the 21 day program and went to stay at a homeless shelter for over a month. She has only SEEN her daughter once in that time even though we have offered to bring her to visit. Yesterday she left in the middle of the night to go back with her boyfriend, also an alcoholic, without so much as calling to check on her or stopping by to see her. I have already filed for legal custody, but I feel like the baby is in more danger now. She CANNOT go back there. It's just not safe. Is there a way to get in front of the judge and ask for EMERGENCY custody until all this is over? Oh, I also have a signed, notarized power of attorney from her mother!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Mar 19, 2013, 03:10 AM
    This has nothing to do with abandonment. Abandonment is a criminal charge involving leaving a child without any adult supervision. Clearly not the case.

    I'm not clear what your issue is. According to you, the mother has made almost no attempt to see her child. You are currently in the court system applying for legal custody. You have a POA giving you the right to make decisions about the child's care (A guardianship agreement would be better).

    So why try to rush things? If and when the mother tries to retrieve the child, refuse. If she calls the police show them your documentation including the mother's failure to complete rehab and tell them you fear for the child's safety in the hands of the mother. At that point you can apply for an ex parte session with the judge assigned the case to give you temporary custody pending the full hearing.

    But I see no reason to try for an emergency hearing until the mother makes an attempt to retrieve the child. Also where is the father in this? Is the boyfriend the father? Finally do you have an attorney?
    jbarony1977's Avatar
    jbarony1977 Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Mar 19, 2013, 08:09 AM
    The boyfriend is the father. He made it clear when she came down here he couldn't take care of her. He is also not on her birth certificate.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Mar 19, 2013, 02:53 PM
    Quote Originally Posted by jbarony1977 View Post
    He is also not on her birth certificate.

    That doesn't matter. The court is likely to require that the father be identified.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

In the state of Maryland what is considered child abandonment? [ 2 Answers ]

I wish to file for custody of my three children. The father and I have never been married. He has lived in the U.S since he was 13 on a visa. When we separated he moved to Canada. It has now been four years, and he is facing deportation to his original country. It has been four years since he last...

Does the state of Maryland have a child abandonment law? [ 1 Answers ]

Does the state of Maryland have a child abandonment law?

What is child abandonment in Maryland [ 2 Answers ]

What is the law of child abandoment in Maryland?

Child abandonment laws in nc [ 2 Answers ]

My daughter and her baby's father have "shared custody" court ordered, every other week with their daughter which is 4 years old now. Sometimes when we travel to take her to her fathers (which he is never there to drop her off or pick her up , his mother is) He has only been there once in 4 years...

Time line of child abandonment in Maryland [ 3 Answers ]

If a father leaves the state where his child resides due to unforseen circumstances, but keeps in touch with his child and the childes mother through the telephone and letters on a biweekly basis, is there anyway the mother can file for abandonment by the father, and get the motion granted.

View more questions Search