Legal Question in Family Law in Maryland

Re: Absentee Dad wants visitation

Your question raises a number of serious issues and you should retain an attorney as soon as possible to explore your legal rights, obligations, and options.

First, your attorney would review the "written agreement" which you say the prior attorneys had prepared. It is important to realize that the obligation of the non-custodial parent to provide child support is independent of his right to have visitation. Further, the "best interests" of the child are the most important factor. The child is entitled to have both contact with, and the financial support of, the non-custodial parent, under most circumstances. Unless the father specifically relinquished his parental rights, and that relinquishment was actually approved by a court, the validity of the "agreement" you talk about, is questionable. In fact, I find it unlikely that a court of law in Maryland would approve an agreement as you describe, in which the custodial parent expressly relinquishes the child support in exchange for termination of contact between the child and the non-custodial parent. If the court does not decide this is in the "best interests" of the child, the court may well have the power to either nullify the agreement or modify it.

You also indicate you were married, but are now divorced. Ordinarily, issues regarding child support and visitation would be resolved in connection with the divorce proceeding. You do not say what happened when the case was in court.

In terms of being able to obtain retroactive child support from the father, that might be very difficult. Since [I assume for purposes of this response] the father was not under a court order to pay child support, and did not agree to do so voluntarily, the court may not have the ability to award retroactive child support. In general, in Maryland, if there is no existing agreement as to child support, courts can only award retroactive child support to the date a Motion or Complaint for child support is actually filed with the court. Therefore, you need to get started on this as soon as possible, and you need an attorney to represent you.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

Re: Absentee Dad wants visitation

There is an agreement that he not see the child in return for child support not being sought from him.

This part of the agreement is void and may void the entire agreement. Unless there is some other basis for

visitation to be denied, he will ultimately be provided visitation. There are many other factors upon which visitation

may be denied and you should consult an attorney.

If he pursues visitation, you cannot seek retroactive child support (at least not on the agreement you cite). If there is some other provision

in the agreement that is legally valid to this objective, then you could seek past child support based upon the agreement. This appears not likely but should be reviewed. In any event,

this is the least preferred method.

You should file an action for child support and then any support that is awarded will then be computed based on the date of your filing.

It appears that you also may need to file for custody.

Do not assume that he has no standing to contest the issues. I cannot caution you enough with the need to take prudent action.

You say you were divorced. Did you have a separation agreement that spoke to custody and support? If so, how was this document addressed in the divorce (i.e., merged, incorporated)? You should

speak with an attorney about this as well.

If he is harrassing you in anyway, you could seek a restaining order. These orders are time limited and do not provide a permanent remedy.

Essentially, you need an attorney. A delay with taking appropriate action causes certain legal rights to lapse.

Contact me at (410) 799-9002 or by return e-mail.