Legal Question in Family Law in Maryland
family law
i am the fiance of a man who has a child with another woman. She is saying she doesnt want the child to spend time alone with me and is threatening to get a restraining order on me. She has no reason for this concern, as i love her son and treat him accordingly. do i have any rights in this situation? Can she get a restraining order on me? I take him to and from school, i live with his father. she has been emailing me one nasty namecalling letter and one saying she is responsible for what happens to her child so the less time i spend with him the better. I have never been mean to her son! any advice?
2 Answers from Attorneys
Re: family law
While technically you have no visitation rights with this child, your fiance obviously does, and since you are an integral part of his life, I doubt a court would prevent you from being with the child absent proof of your mistreating him in some way. I suggest you have your fiance or a lawyer on his behalf write her a letter indicating that he will fight any effort by her to interfere with his visitation rights, which necessarily include your presence.
Re: family law
She can file for a restraining order. This is her choice. Of course she will need to prove the merit of her claim in order to prevail.
Her actions may show that she is an uncooperative person and such actions may also show that she is unable to get along to the better interest of the child.
The child's father has a legal interest to protect and he may consider contacting an attorney to modify custody or visitation. Preventative action on his part may be needed to address matters before they worsen.