Legal Question in Family Law in Maryland
Custodial spouse declines to allow visitation.
Divorced 1996. Non contested-couldn't afford atty. Ex husband took daughter during weekend visit, refused to return, won custody, I had no atty. I pay $100 week support, am current. Moved to Ohio 3 years ago. Had to sneak to see my daughter, (my mom was able to get her a couple times for visits). Ex won't allow telephone calls. Went to court last week, hired a ''weak'' attorney? Pre-liminary hearing with Master. Master says I can see daughter 1 hour week in court house until further hearings can be scheduled, (OCTOBER!) I have no criminal or detrimental background, how can court impose such a hard temporary verdict? The ex is in defiance of the original divorce order, granting him custody, and me reasonable visitation! Court says there has been little inter-action, must be court supervised now! It sure isn't because of no effort on my behalf! I would love to find attorney that has the courage to get immediate/appropriate action. How can court justify a 1 hour visit per week, I will have to drive 6 hours each way? How come I am being punished for my ex's non-compliance? How is it the court's are too full to schedule this hearing NOW? I seek a powerful high profile attorney to stop the abuse I am experiencing!
2 Answers from Attorneys
Re: Custodial spouse declines to allow visitation.
When a parent has had little or no contact with a child for a long period of time, the court will frequently order some initial very short "get re-acquainted" visits before ordering longer ones, so that the child, particularly a young child, isn't left for a weekend or more with someone who, to the child, is a stranger. But nothing more than one hour supervised visits unil October seems unreasonable, and I calculate from the date of your divorce that your daughter must be at least seven and probably more years old. She shouldn't need anywhere near such a long period of one hour visits. And if you don't exercise that meager right to weekly visits, that can later be used against you with a claim that you are not interested. If your case is in western Maryland I would be happy to discuss representing you. I would,in any case, advise you to do everything you can to come for as many weekly hour visits as you can. If the father doesn't deliver the child for the visits, that might be a basis to get back into court sooner. Or, if the visits go well (and you should have a witness there who can and will testify that they went well) you might on that basis get back into court more quickly.
Re: Custodial spouse declines to allow visitation.
It does sound like the Master's recommendation is unduly harsh given your circumstances. It's a shame you couldn't find the resources needed to obtain adequate legal representation back when the initial custody issues were being decided. You have a right to file exceptions to the Master's recommendations but you must do so within 10 days of when they were issued. If you file timely exceptions, a circuit judge will reconsider the issue and could enter a visitation order more reasonable for you. You didn't say which court in MD is handling your case. If you want to reply, I could possibly give you some attorney recommendations. But you will probably have to be prepared to pay a retainer to obtain competent counsel.
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