The attorneys at Patel & Williams, PLLC, recently won, on behalf of their client, the plaintiff mother, sole legal and physical custody of her elementary school-aged child and back child support from the filing of the action in December 2009. The action, filed in the Circuit Court for Prince George's County, Maryland, involved divorce, legal and physical custody of the parties' child, and child support issues. Our client sued defendant for sole legal and physical custody because she believed her child was in danger when in the care of the defendant, whom she believed was a habitual marijuana user and seller. The defendant was seeking extensive access to the parties' child, going so far as to ask for a shared custodial arrangement where the parents would have the child equally on a one-week alternating basis.

At trial, the attorneys at Patel & Williams successfully argued that the defendant should neither share custodial rights with the plaintiff nor should he be permitted to have overnight visitation with the parties' minor child because of his dangerous lifestyle and continued drug abuse. During trial, the defendant was cross-examined on among other things, his use of marijuana and other illegal drugs. The defendant admitted to using marijuana in the past, but stated that he had not used the drug for more than ten months.

The Court agreed with the plaintiff and held that the defendant's testimony during trial was entirely untruthful. The Court held that due to his continued use of illegal drugs, it believed that the defendant was a habitual drug user and possibly a seller as well. The Court agreed with the evidence presented on behalf of the plaintiff showing that under Taylor v. Taylor, the best interests of the child are assured by awarding sole legal and physical custody of the child to the plaintiff. The Court fashioned a visitation schedule that aimed to protect the minor child while continuing to allow the defendant to maintain a relationship with the child. The defendant was denied overnight visitation with the child, and he was ordered to pay back child support from the filing of the action with an appropriate credit for child support paid.

If you or someone you love requires the compassionate advocacy and aggressive representation in a family law matter, please contact the attorneys at Patel & Williams, PLLC.