Legal Question in Family Law in Maryland

change of custody

the non custodial in this case was awarded shared legal and visitation through court. I have had temporary custody since Dec '02. The perm order went through in July '03. non custodial hasn't exercised any visitation or phone rights since Jan '03 and has not shown any interest in doing so. how long does this need to be on ging before i can go to court asking to modify to sole custody and supervised visits. i am concerned that he isn't going to know non custodial. he(child)is only 3 and has not been in non custodial's care for much of his life. I have sent letter giving proposed visitation schedule and still have heard nothing.


Asked on 8/05/03, 3:04 pm

1 Answer from Attorneys
Carolyn Press Chung & Press. P.C.

Re: change of custody

You haven't mentioned whether there is a specific visitation schedule which the non-custodial parent (NCP) is not taking advantage of. If NCP has not exercised visitation rights with a three year old child for over half a year, any court I am familiar with would agree to limit visitation in the future, at least temporarily, to short "get acquainted" visits so that the child isn't suddenly sent off with a stranger for a weekend or longer. Some custodial parents wait until the absent parent comes around expecting visitation and then refuse it because the absence has been too long and the child doesn't know the parent. It would be wiser to have a limit in place before that happens. It will avoid the possibility that you might be found in contempt of court for denying visitation. If you file now for a modification of visitation, it is likely to be at least a year from the last visit before you get into court, so I don't think it is too soon to file. It might even prod the NCP into coming around for a visit with the child.

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Answered on 8/05/03, 4:05 pm


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