Legal Question in Family Law in Maryland
Custody Requirements
I have two small questions...the first is: what are the requirements/ living conditions that my ex has to give to my daughter during visitation (such as a bed, clothes, etc.). I do not believe that he is taking proper care of her during visitation and the other question is since we do not have any visitation legally on paper yet, I am interested in getting this taken care of but I am worried that he may get more visitation then he does now. He receives her every other weekend which he brings her back on monday morning and he gets her one evening during the week and brings her back in the morning. I do not like the fact that I have to give him visitation during the week because it interrupts our family and her schoolwork. What is the "normal" visitation set-up or how is it determined and will the living conditions that she is in have any effect upon how often he gets visitation?
Thank you.
2 Answers from Attorneys
Re: Custody Requirements
Visitation modification because of living conditions in the visitation home is rare. Courts allow a wide variety of life styles & socio-economic settings, so long as there is no showing of direct harm to the child.
Your current visitation pattern is fairly common, and is unlikely to be curtailed by a court. The court may add alternate federal holidays, alternate blocks of time at Christmas and Easter, and a block of time in the Summer. You should get visitation in writing, and doing it outside of court saves time and money.
Re: Custody Requirements
Your ex is required to provide a reasonable and safe environment for your daughter when she is with him. Certainly she should have a bed or at least a sleeper to use, healthy food and a clean home. Usually the child brings her clothes from home for visitation, although sometimes clothes are kept at the non-custodial parent's.
As for the frequency of visitation, this varies from case to case--there are no set rules. Every other weekend is common; sometimes a midweek visit is included as long as it doesn't interfere with school or an appropriate bed time. It's best to work out a schedule with the father rather than fight over this in court, but that may be necessary if you can't agree. Judges tend to be liberal on visitation as long as they feel it benefits the child.