FACTS IN OUR CASE

Ms. Foster contacted the law firm of Dewey, Cheetem and Howe. She informed you that she is seeking permanent custody of Rachel and Paul Warm who have resided with her since August 5 , 2012.  Rachel was born on January 10, 2008 and Paul was born on February 2, 2002.  In January 2010 , the children's  mother died of cancer.  After the death of Ms. Warm, Luke Warm became despondent and his employment was terminated due to being intoxicated on the job.  The children  lived with him in a dilapidated trailer without indoor plumbing and little food.  During this period, the children were consistently tardy to school and received failing 

grades.  School officials encouraged Luke Warm to monitor his children's school performance but he showed little interest. Eventually Child Protective Services received a complaint that Paul and Rachel was involved in a string of neighborhood burglaries and that Mr. Warm  was rarely home.  On August 5,2010, the children were removed from his home and placed in foster care.  The next day, The Circuit Court for Frederick County agreed to place the children in the care of Ms. Foster, Rachel's teacher at the time. In July 2011, a review hearing was held and Mr. Warm agreed that Ms. Foster could have temporary custody of the children.  The court in Frederick County awarded temporary custody to Ms. Foster and left open the option of Mr. Warm petitioning for custody when he was better situated.  Ms. Foster is in a financially better position to care  for the children.  She earns $43,000 annually from her teaching job.  In addition, she sells Avon products and earns $7,000 annually from that job. Luke Warm was granted liberal visitation with the children but chose to see them only twice  a month during 2008.  The following year, he saw the children  even less frequently and by 2011, the children were lucky if they saw him  every  month.  At first, the children missed their father, but as the months progressed, they became increasingly attached to Ms. Foster and adjusted to their new school.  They had developed many friendships at school and were doing extremely well academically.  Rachel made the honor roll and Paul was on the baseball team at school.  Ms. Foster  attended all the PTA meetings and Paul's little league games.  While Luke Warm was given a game schedule, he only attended 1 out of 14 games.

On January 10,  20102 Luke Warm married a woman who had two children.  Luke,  who rarely saw his children when they were living in the same town, moved to Cumberland, Maryland, and saw them even less frequently.  On the rare occasions when the children saw their father, he was constantly in the presence of his new wife and her children.  Neither Paul nor Rachel liked the children and they did not care for their father's wife. 

Luke told the children that he wanted them to be a part of his new family and that they were going to move to his home the following month.  Paul and Rachel were distressed about the possible move and told Ms. Foster they did not want to live with their father.  He said that he had a new job in the maintenance department at Frostburg State University and that he earns $14,000 a year and can now afford to care for his children.  Luke told his children that he planned to take them to live with him.  Since that conversation, the children's performance in school has dramatically decreased and Paul has frequent nightmares. 

Ms. Foster spoke to Luke about her desire for the children to remain with her.  She told him the children cried at night because they did not want to

 

leave her, their new school friends and teachers.  In addition, they were much attached to Rosie, the pit bull that Ms. Foster bought them last Christmas.  (Luke is allergic to dogs and would not allow animals in his home).  Ms. Foster's pleas did not persuade Luke Warm to reconsider his position.  He stated that he was the children's father and he wanted them home with him.  Luke acknowledged that he had not been consistent in the children's lives but felt ready to give it another try.  He refused to consider the children's wishes and repeatedly talked about his needs and desires.  Ms. Foster is very concerned that if Luke Warm obtained custody, the children's mental health would deteriorate.  Ms. Foster does not oppose Luke having visitation but she wants permanent custody of the children.  She  is not seeking child support.