My brother has been entangled in a custody battle. At this point I'm tired of waiting for him to really go after and get his child. His ex essentially took my niece last summer and moved them to Texas. She told my brother they were going to Georgia for a vacation. A few days later my brother finds out they are in Texas by August she then tells him she didn't plan to move back to MD. They had a custody agreement in place at the time which she constantly ignored. We were suppose to get my niece for x-mass last year it didn't happen. Even though they had a court date in MD the week before x-mass in which my brothers ex lied to the judge and said my niece was in Texas when she was in fact in MD with her for a week. We got to see my niece twice towards the end of the week and she wouldn't even let her stay the night. We were also supposed to have my niece for her spring break which also did not occur. It is clear that this girl does not want to follow the law, or agreements she made. She thinks she's above the law. She has my niece in some random town in TX she is in no activities from what I see her grades are slipping. She claimed she had family support down in TX but she doesnt
If Maryland has jursidiction, you or your mother will need to prove that both parents are unfit or exceptional circumstances have occurred that warrants you to have any standing to obtain access/custody of your niece. Unless there is something terribly wrong with your brother, he has a much better chance then you or your mom. However, you and your mom can support your brother in other ways, such as being witnesses.
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CAN you? Sure.
But you are not likely to succeed.
Your brother, however, would have a decent chance WITH the benefit of counsel.
This reply is made in response to a question posted on a public message board. This response is for general information only. This response does not create an attorney-client relationship. You have not hired the responding attorney and the responding attorney has not agreed to represent you.
As Mr. Koslow stated, you will have threshold requirements to prove before you or your mother can petition for custody. Your brother may want to consider pursuing contempt and modification actions against the mother since she has absconded to another state with his daughter. I would suggest filing sooner, rather than later.
This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. I am an attorney licensed in Maryland.
I also agree with Mr. Koslow's answer. Your brother has the better chance of pursuing an action for contempt and modification.
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