Legal Question in Family Law in Maryland

Re: Possible custody when father is a no show for years

The fact that you made a "non-visitation" agreement several years ago would not bar your ex from seeking visitation now, in and of itself. Visitation is for the benefit of the child as much as the parent, and your child was not a party to that agreement.

However, the court would evaluate the current fitness of your ex and how that would impact on your child in determining whether to allow visitation. If the court considers it not to be in your child's best interest to be exposed to him, visitation can be denied or restricted in some way--such as by allowing it on a supervised basis at first. In other words, a judge might allow him to see the child in your home but not take her out of the home. You might request a psychiatric evaluation before a decision is made on the extent, if any, of visitation.

You would be well advised to hire an experienced family attorney to make sure that your rights and most importantly those of your daughter are protected in this proceeding.

Re: Possible custody when father is a no show for years

The agreement you made is not binding, but based on the facts you have provided it is most likely, if he were to go to court seeking an order granting visitation, that any visitation would be severely limited. If you have lived for a significant period of time in Pennsylvania, where I do not practice, it may be that jurisdiction over the issue of visitation would most appropriately be dealt with in a Pennsylvania court. I have no idea which state would be more sympathetic to your interest in avoiding visitation, although it is generally thought, by the courts of all states, that it is in the best interest of children to have some contact, however limited, with non-custodial parents. In the rare cases where contact with a parent can be considered so seriously negative to the child that such contact should never occur, parental rights can be terminated by the court. This is most often done with the involvement of the Department of Social Services. I would advise you to find a good lawyer, experienced in family law, to represent you. One more thing I would suggest is that you notify the father, in writing, that you want no contact with him and that he should particularly not contact you at your place of employment.