Legal Question in Family Law in Maryland

Currently I have 50/50 custody of my daughter. Her mother has taken her away from me and it has now been 1 1/2 since she took her. Recently we recieved papers in the mail for child support. We went to the hearing and I now have to pay child support but am still unable to see my daughter. Now that I have her address I have sent letters to see my daughter and I aslo now have her phone number. I have sent several texts asking to see her and she refuses. However she did let me see her twice. My daughter called her the second time and asked if she could spend the night and her mother said if she did then she would never see me again. So of course I was angry but I still took her back to her mother and she has since refused to let me see her again. I tried applying for custody and sent the papers certified but she never got them. I was told now I have to request a reissuance but in the mean time I want to see my daughter. Would I get in trouble if I picked her up from school since I do have 50/50 custody or will that cause more issues in court?? Her mother's phone is now off again and I just really want to see my daughter. Any Ideas what I could do??? Also, could I possably file for temporary custody until the court hearing?


Asked on 10/19/12, 9:57 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Your "50/50" custody is probably joint legal custody, which is different from who has physical or residential custody. The custody order or agreement under which you are supposed to be operating should state what your visitation right are. However, if you didn't insist on a specific visitation schedule at that time, it might only say you are entitled to "reasonable" visitation. In any event, her refusal to allow virtually any visitation is unreasonable under any scenario, unless there have been problems during visitation. You ought to consult with a family law attorney in this matter. By not having an attorney at the child support hearing, you may have missed an opportunity to get a better visitation order and schedule. Through your county bar association you can ask for a referral to an attorney who handles these cases, and you may income qualify for one at a reduced fee. You will need to get your papers reissued and have her served with them be a professional process server. There may also be an opportunity for an emergency hearing which would enable you to get visitation before the final hearing.

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Answered on 10/19/12, 10:36 am


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