Legal Question in Family Law in Maryland
my exwife's boyfriend is threating me when i show up to pick up the children for court ordered visitation. what are my legal options? I feel he may hurt the children to provoke me into an altercation
1 Answer from Attorneys
Here's a few thoughts/ideas that you might consider:
1.) If you have a LEGITIMATE fear that the children are in physical danger from the boyfriend (regardless of the reason), you must call the police and child protective services IMMEDIATELY!
2.) Under NO circumstance should you allow yourself to be baited into a verbal or physical altercation with the boyfriend. Take the high road, as difficult as it may be. If you get into an altercation with the boyfriend at the mother's home and the mother calls police, it will be you who is taken to jail. This could obviously effect your visitation rights, so take it easy.
3.) File a police report against the boyfriend for threatening you (assault).
4.) You can request a modification of the custody order with the court. The Court could require that: (i) the boyfriend not be home when you pick up the kids, or (ii) the mother has to bring the kids to you, or (iii) you have to meet the mother at some neutral location to pick up the kids.
5.) If you want greater rights to the kids, this also might be a good opportunity to request a modification of the custody order. If the boyfriend is living with the mother. If the boyfriend is threatening you when you come pick up the kids. If you fear that the boyfriend may hurt the children (for whatever reason!), then the Court may be willing to change the custody arrangement. Remember, the standard for custody is "what's in the best interest of the children", not what's fair to mom or dad. If mom is making a bad decision in who she has around the kids, she must make a choice between that bad influence and her kids.
6.) HIRE A MARYLAND FAMILY LAW ATTORNEY. This is the best advice I can give. You want an attorney who is familiar with the specifics of your case to be on board and ready to help you BEFORE anything with the boyfriend happens. This way, he can swing into action if need be without wasting a lot of time trying to get up to speed.
Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******