Legal Question in Family Law in Maryland
Father has criminal record
I live in Louisiana with my (2) children from a previous maraige
Thier dad lives in Md so jurisdiction is of course Md.
The kids and I left Md in 2004 and had a consent order drafted between their dad lawyer and mine which outlines a visit schedule etc.
I just found out that during our negotiations/court battles over visitation, My ex husband and his new wife were involved in theft and he was actually found guilty for utter perscription theft.
I am uncomfortable with this as I am aware my exhusband is an alchoholic (my daughter comes home following thier visits crying because daddy drinks so much) The counselor she has been seeing feels the visits are not good- does she have the power to stop visitation
I am very concerned with his drinking as there have been past problems
What do you think my chances would be in court to stop visits??
2 Answers from Attorneys
Re: Father has criminal record
A determination in court is needed as to whether visitation with the children's father is not in their best interest. Some of what you indicate tends to indicate that unsupervised visitation is not in the children's best interest.
Previous issues of the father, combined with recent activities may lead to an adjustment in the custodial order. You do not indicate whether full or partial custody was entered through the consent order.
You have moved a considerable distance from the biological father. This factor is to be considered among others. This, in and of itself, is a basis for the father to pursue a modification, whether such is advisable is another matter.
You should speak with a Maryland attorney assuming jurisdiction has been established within Maryland. I am available should you need legal representation.
Re: Father has criminal record
Since the children have lived in La. for 4 years, why not try to transfer venue from MD to La.
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