Legal Question in Family Law in Maryland
drug/alcohol abuse
My exhusband and I have been divorced since 2002.we have 2 children a boy who is 17 (so he probably wont enter into this) and a girl whos 12. I recently found out that their dad was convicted of utter perscription forgery; and theft in 2005 and is now facing DUI charges - He was given 4 citations in January and goes to trial in may.
I have had to call social services many times because of his indiscretions around the kids and now with this DUI what are my chances of modifying visits so that they are supervised by someone other than his wife (who is right along with him when he gets into trouble and cant seem to go a month without some sort of speeding ticket - and uses a pennsylvania license when she has been a Md resident since 2002)
Please advise of what sort of modification I could request and how a suitable supervisor could be chosen
1 Answer from Attorneys
Re: drug/alcohol abuse
You will have to file a petition for modification, either in the jurisdiction where the current custody/visitation order was put in place, or in your home state if you have primary custody of the children and have lived there for at least 6 months. Perhaps you should await the outcome of his upcoming trial. You will have to prove that his "behavior" is having an adverse impact on the children, and this may mean dragging them--especially the teenager--into the process.
Since you're living in different states, it will be difficult to set up a viable supervised visitation plan in MD unless you have someone here who is willing to serve as the site for visits. The other option is to force him to come to LA for visits, but judges are reluctant to impose this on a parent when the custodial parent has left the original jurisdiction.
You would be well advised to consult a family attorney in whichever jurisdiction you decide to proceed in.
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