Legal Question in Family Law in Maryland

i have been awarded sole physical and legal custody of my daughter. the judge surprisingly gave him unsupervised visitation on the last weekend of the month. he is a convicted drug addict and the judge said any drinking or drugging in front of the child will end his visitation rights. how do i prove he is still doing this in front of her


Asked on 10/15/10, 8:43 pm

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

It will be difficult to prove this to the judge, especially if your child is not yet old enough to understand what's going on around him/her and cannot testify. If your child is old enough to know what daddy is doing and relay that to a judge, then that's unfortunately your answer. If there are other witnesses who have seen it happen, see if they will testify. If you suspect that daddy is drinking or drugging in front of the kids, ask child protective services to make surprise visits to the daddy and see if he appears to be under the influence. You can subpoena child service's reports and use them to show the judge. If daddy gets arrested for a DUI or any related drug offense, I would immediately report this to the judge -- the judge may not care whether the drinking or drugging was actually done in front of the child. The fact that the dad is engaging in these activities may be enough for the judge to change the custody arrangement.

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 10/20/10, 11:16 pm


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