Legal Question in Family Law in Maryland
Child Visitation What Are the rights and laws?
What is the normal proceedure when a mother files for child support in Maryland for the father to obtain visitation? Does he automatically get the option when the child support case goes to judge or does he have to file a separate case on his own? This situation is that the child's parents are not married to one another and the mother did not seek child support until the child was approximately 3 years old and the father tried to see the child and was unable to locate the mother on a long term basis and the mother will not provide the father with a phone number or any information as to how his daughter is doing? Please answer this to th best of your knowledge. Thank you
2 Answers from Attorneys
Re: Child Visitation What Are the rights and laws?
The father will need to file an action, called a Complaint, for visitation. He will almost certainly be awarded the right to some visitation, since the law assumes that it is in the best interest of children to have a relationship with both of their parents. The father would be wise to demonstrate his concern for the best interest of the child by asking for an initial period, which you might call a "get acquainted" period, of frequent, short visits to give the young child a chance to get to know him without a lot of stress and fear of being with a stranger and away from his mother. Generally, after a reasonable time to get acquainted and establish a relationship, the father should be entitled to regular visits, often every other weekend, half of major holidays and for a longer time, which might be two or three weeks,during the summer. If the father is asking for any over-night of longer visits, he should be prepared to present evidence of a suitable place, in his home of elsewhere, for the child to stay. One thing the father should NOT do is get the right to visit and then not exercise that right. That's an awful thing to do to a child after the bond is established.
Re: Child Visitation What Are the rights and laws?
The court will not automatically grant him visitation. He should petition the court for visitation and I'll tell you most courts very liberally grant visitation if there are no allegations of neglect or abuse. Is long as Dad is a good guy then he should have no trouble getting visitation. Even if he isn't such a good guy courts can and will grant visitation if it believes it is in the best interest of the child to visit with Dad. Note that Mom denying visitation will be a factor for the court to consider and it will hurt her case in most instances. If you have any questions, please do not hesitate to contact me at 301-652-0663.