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Does a past history to beating, control and abuse of my ex be considered when deciding custody in a fault based divorce case?

Baltimore, MD |

Have been granted temporary custody of kids and custody trial is approaching soon.

Attorney Answers 2

  1. Maryland's Family Law Article requires that a judge consider evidence of abuse and, if established, the court must then "make arrangements for custody or visitation that best protect: 1) a child who is the subject of the proceeding; and, 2) the victim of abuse." If you have not already done so, you should consult with a lawyer familiar with this statue and pursuing these types of claims to assist you in presenting this type of evidence.

    Michael G. DeHaven
    Smith, Gildea & Schmidt, LLC
    600 Washington Avenue
    Suite 200
    Towson, MD 21204
    (410) 821-0070

    Please be advised that this response does not constitute "legal advice," nor does it create an attorney-client relationship. You should seek counsel of an attorney before taking any actions or deciding not to take any actions.

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