Legal Question in Family Law in Maryland
Familiy Law
I am married and living in Louisiana. I had a affair with an undocumented worker living in Maryland. The Other Woman is giving birth soon. She has said she will not let me bring our daughter to LA to meet her extended family if I am still with my wife. She claims she fears for our daughter with my wife around. At first my wife was very angry with me and the other woman. The OW kept trying to contact my wife to tell her about the affair. My wife had to send a letter the the OW threatening harrasment charges if the OW did not stop calling. But now, my wife is willing to let me be a father to the child. I would like to have my daughter for the summers. Do I have a right to ask for this? I feel like the OW is trying to keep me from seeing my daughter. I will absolutely and happily pay my share of child support.
3 Answers from Attorneys
Re: Familiy Law
You're going to need a lawyer in MD to help you seek visitation rights, and there is no telling if the judge will allow you to take the child to LA for the summer. Good luck!
Re: Familiy Law
Of course you have the right to ask to visit your child. However, you need to go to Maryland to file legal proceedings if she will not let you have your child. I am guessing the court may not let you just take the child for an extended period of time to Louisiana, or any other place. If I represented the woman, I would file for custody and child support so that you cannot just take the child. If you do not have DNA proving paternity, then you cannot just take your child. So make sure you are the father first.
Re: Familiy Law
Once you admit paternity in a court of law, you are entitled to the same parental rights as if you and the mother were married. This means you are entitled to reasonable visitation. You could file a court proceeding here in MD in which you admit paternity, offer to pay support, and request visitation. Your support level will be based on our child support guidelines, which factors in your income along with the mother's, any child care expenses, and health insurance.
If you would like assistance with this matter, I'd be happy to help you.