In Jan/2011 my ex-husband abandoned me and our two children, since then the children been living with me. when he picks them up on weekend do go with him they call me want me to pick them up they don't want to stay with their father, they tell me that the father always leaves them downstairs and go drink and smoke upstairs where the party is. he doesnt spend alone time with them, takes them from one house to house where adults drink , smoke and party. he leaves them alone in the car while he goes to stores with another female adult for long period of time, he doesnt feed them properly, if he buys them food fast food food he tells them to save it for tomorrow, they dont want to talk to him or spend the night with him anymore, he calls my son names, f words he hits, yell at them.
Contracts / Agreements Lawyer
You certainly seem to have a good argument for gaining full legal and physical custody of your children. However, the husband would still have visitation rights. Visitation rights can be set up in such a way that the children can be protected while visiting. This is of course all subject to court orders after you file for custody/support/visitation. This is something you can file for on your own utilizing Maryland's forms available online, but I really suggest speaking with an attorney. There are plenty of great attorney here on Avvo and you can find one near you or I would be happy to speak with you further if you would like to contact me.
www.mdappeals.com - This is not legal advice nor does it create an attorney-client relationship. This is for education and informational purposes only. It is always recommended that you contact an attorney with any concerns as each individual case is unique.
Divorce / Separation Lawyer
Yes, you do deserve to have full custody of your two children based on the facts you present. The court bases its decisions on the "best interest of the children" when deciding who deserves custody, and who merely deserves some visitation. You need to file a motion in court for custody and everything you just described needs to be well stated and well explained in your motion. You will have the best chance of persuading a judge if you consult with an attorney. If you would like further assistance, feel free to give me a call. I would be glad to help.
Office: (410) 381-1656. This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with you because you have not yet retained me, and because you have not provided me with a COMPLETE set of all the FACTS in your legal situation. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. This answer is provided as GENERAL INFORMATION ONLY, and to assist you in beginning your own research or in finding an attorney to represent you. I am an attorney licensed in Maryland and California. If you want me to provide legal advice, then you must call for a Consultation. If you would like me to represent you, then a Retainer and a fully signed and dated Legal Services Agreement (a contract) will be required. Office: (410) 381-1656. David Mahood, Esq.
The standard is always the "best interest of the child." It doesn't seem that being in an environment fraught with constant partying, smoking, and drinking creates a good environment for your children. Moreover, your ex-husband's actions don't seem to reflect that he's caring about the children the way a loving father would. You have a good case for sole custody. Consult an attorney for more guidance.
DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.