Legal Question in Family Law in Maryland
Custodial Mother's Rights
I divorced my husband when our daughter was 1 yr old. She is now 11. In the past 10 years her father has been in
and out of jail. When we divorced, he was awarded visitation 3x/week under the supervision of his parents only; which has been violated several times. He was recently released from prison after serving a 2yr sentence. My child has a lot of psychological issues from having her father in and out of her life. He has never provided for this child nor been a positive father figure in the past 11 yrs. She is currently in counseling and on medication for her emotional problems. I feel it is best not to have him in her life only for him to disappear after she thinks he is going to be around for a while.
Do I have any right to try to keep distance between them?
She tells me that she does not to see him either. I have never talked bad about him infront of her, and I have told her she can be honest with me about her feelings. I, personally, do not see where he has the right to walk in and out of a young, impressionable girl's life whenever he pleases. I have asked him several times to give up his paternal rights, but he will not. I know it is only a matter of time before he tries to see her.
1 Answer from Attorneys
Re: Custodial Mother's Rights
You may have grounds for convincing a court to terminate visitation because it is in the child's best interests. Judges are reluctant to do this absent a showing of abuse of the child, but if you can present testimony from your daughter's counselor that the visitations are harmful to her, you may prevail. You should seek representation by an experienced family law attorney if you are seriously interested in accomplishing this result.
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