15years back my spouse got custody of our child and no visitation for me.
But a year after this was awarded to my spouse,we reconcilled and began to stay together like anyother couples.Upon checking with the courts in regard to our case,they stated "the case is closed".
What does this mean in legal terms? will my spouse still have custody?or would it be after a number of years if no action is taken,the case gets dissolved,thus making both parents "equally" responsible for the child.
Only custody case was brought to the court,so there was no divorce case.
Would it make it easier if my child is 16yrs,and thus voices out the choice of residing with the parent of his choice, would this erase the need to "file" or go through the legal procedures if I have to get equal custiody?
Divorce / Separation Lawyer
Each court is required to keep track of the length of time that it takes for a case to be resolved from the time that it is initiated. Accordingly, the courts do not want to leave cases open indefinitely. Therefore, once a case is complete, the court will "close" the case. This is for statistical purposes only.
In Maryland a custody case is always subject to modification until the child reaches the age of 18 and has graduated from high school or the age of 19 if the child has not graduated from high school.
Based upon the facts in your question, your wife still has custody because the original court order was never modified. Absent a modification of the original court order, that order is still in force.
I assume from the fact that you are asking about custody, that you and your wife have again separated. If this is the case, then you should consider filing for a divorce and as part of the divorce action request a modification of the custody order. Alternatively, you can simply request a modification of the custody order. You will need to show a change of circumstances and that it is in the best interests of your child for you to have custody.
There are a number of procedural matters that will need to be dealt with. I recommend that you retain an attorney to assist you with this matter.
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