She may dissapear with the child!

[Steph6597]

My brother and his ex-girlfriend have no court ordered custody agreement. They both live in Maryland. He has very little money for an attorney but makes to much for state aid. He wants to file for custody, but is afraid that she will run with the child once she is served. Can he file an injunction first, To prevent her from leaving the state? How can he keep her here or make it a crime for her to leave the state? She is mentally unstable, taking prozac, zoloft, and/or zanex. She shows mild signs of neglect. We want the child to be safe, but we do not want to scare her into disapearing. Please Help. Thank You.

 

[LadyBlu]

My brother and his ex-girlfriend have no court ordered custody agreement. They both live in Maryland. He has very little money for an attorney but makes to much for state aid. He wants to file for custody, but is afraid that she will run with the child once she is served. Can he file an injunction first, To prevent her from leaving the state? How can he keep her here or make it a crime for her to leave the state? She is mentally unstable, taking prozac, zoloft, and/or zanex. She shows mild signs of neglect. We want the child to be safe, but we do not want to scare her into disapearing. Please Help. Thank You.

When you petition the court for custody you can get an injunction attached to it so that it will be understood that she cannot leave the state until the court has ruled in the matter of custody.

If she should do so, your brother could win custody by default.

 

[Steph6597]

Thank You for that advise, is there a Dom. Rel. form for an injunction? can he file it without a lawyer? Dose she have to be present for the hearing? Is there some place in Maryland that he can get help for low or no cost? Thanks again.

 

[LadyBlu]

Thank You for that advise, is there a Dom. Rel. form for an injunction? can he file it without a lawyer? Dose she have to be present for the hearing? Is there some place in Maryland that he can get help for low or no cost? Thanks again.

Try MD Legal Aide society, or the MD State Bar Assn and see if they have a list of atty's that do pro bono work. If neither of these work call the courthouse and speak with the District Clerk, they may have a form to use and would just need to fill in the blanks and have it signed by the judge.

Another option which he may want to consider, since once he files for custody he will be ordered to pay support if he loses, contact the State Atty General Child Support Div in MD, see if they would represent him in his case (they actually represent the child but will get the orders in place in the best interest of the child).. they will get the paperwork done for the most part and then he just file a response asking for custody.