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The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
A child may be taken into emergency custody because the youngster is in immediate danger and needs protection. The child may also be removed from the home because current living arrangements pose an immediate danger to the child's safety and welfare.
Generally, when the parents are unmarried, the natural mother is considered the primary caregiver and holds de facto custody. Even if the natural father lives in the same residence as the child, he will need to provide evidence of paternity.
Contact the Law Office of Nicholas T. Exarhakis at (410) 593-0040. If you believe your child is in immediate danger, it is critical that you act immediately to obtain an emergency custody order.
A non-custodial parent who's trying to get custody can utilize this information in court to prove a continuous and meaningful relationship with the child. A custodial parent might use a log of visitation schedules to prove the lack of a continuous relationship between the child and the child's other parent.
When children are born to an unmarried couple, either the mother or the father can pursue custody, so long as paternity has been established. In a Maryland child custody case, the court will award both legal and physical custody.
Police reports or arrest records of the other parent. Records of prior convictions of the other parent that are relevant. Child Protection Services records. Medical and dental records. Records from the child's psychological evaluations.
The mother could lose the custodial rights if she always interferes and holds them from meeting their father. If in case the father keeps a detailed log of the visitation times, then these can be used for challenging the custodial rights of children.
The person filing the initial Complaint must pay a court filing fee. Custody is a civil action in which a clerk collects $165. See the fee schedule. If you can't afford it, ask the court to waive the fee by submitting completed fee waiver forms with your Complaint.