Legal Question in Family Law in Maryland

Does the custodial parent have the right to do this?

Hello, I am seeing a man who lives in Charles County, MD. He is going through a divorce so nothing is finalized yet and neither of them have used attorneys (yet). But the problem here is that she will not allow their daughter to visit her father on his every other weekend visitation if I'm around. Mom feels that its inappropriate for Dad to have a girlfriend around the child. We've never done anything remotely inappropriate and I think this is unfair, unjustifiable, if not illegal. Can she do this? I have even met them for lunch at the mother's request so that she could get a feel for me and know who the child would be around. I thought this was understandable since I'm a mother myself--all went well over lunch. But she is now acting jealous and resentful that he's moved on with his life? Do we have any legal recourse here? Please help. C.B.


Asked on 9/28/05, 2:48 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Does the custodial parent have the right to do this?

The mother cannot dictate the terms of visitation that the father has. If they can't reach an agreement, he should file a motion with the court requesting specific visitation periods (weekends, etc.) If the wife opposes or tries to require conditions (you being absent), the court can decide what is appropriate. I'd be surprised if a judge ruled that, absent a showing that the children are being adversely affected by your presence, you can't be present during visitation. If this is important enough to him, he should retain a family law attorney to represent him in this proceeding.

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Answered on 10/11/05, 2:28 pm


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