Legal Question in Family Law in Maryland
Family Law - Child Custody
I had an affair with an undocumented worker in MD who is now pregnant. I am still married, and my wife and I are planning to move to LA. The OW has said that she will refuse to let our baby visit me in LA if I am still with my wife. She claims to fear for our child's safety. After the affair, the OW kept trying to contact my wife for 2 weeks. My wife had to send a letter asking for the contact to stop and it did. Other than that incident, there is no reason to fear for the safety of the child. I want to be a father to this child and my wife is willing to let me. Does the OW have the right to refuse our daughter to visit me in LA?
2 Answers from Attorneys
Re: Family Law - Child Custody
Generally, a parent will almost always have some right to visitation of their child. The question will more likely be who will have primary physical custody? This will ultimately be for the courts to decide - probably MD Courts since all events so far have occured here. Whether you have custody or visitation in LA will likely be decided by the courts.
Note *** - This response is meant for general information purposes only and not as legal advice and does not constitute an attorney client relationship with the sender. Since each person's situation is different, it would be impossible and unethical to give legal advice without a full conference as an attorney/client relationship would require, obtaining in-depth facts particular to that case.
Re: Family Law - Child Custody
As the biological father, you have a right to visitation with your child. Once she is born, I would strongly suggest that you file for visitation to formally establish a visitation schedule. Depending on the circumstances, you may want to file for shared legal custody as well. Be prepared for her to file for child support.
Regarding visitation in LA, that may not occur initially since the child will be so young. Visitation may be ordered to occur in Maryland at the outset until the child reaches a suitable age to travel.