Legal Question in Family Law in Maryland

My girlfriend was in rehab for addiction to prescription pain meds over three years ago. My ex-wife and her new husband did some snooping around and found out this information. My ex-wife has now had her attorney send me a letter stating that my girlfriend needs to take random drug tests in order for me to continue seeing my kids if my girlfriend is going to be around the kids. Does my ex-wife have a legal right to request this? The letter from the attorney was also worded with opinions and not facts about my girlfriend. Can any action be taken against my ex-wife for having her attorney send a letter based on opinion and not fact?


Asked on 6/22/10, 7:01 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

If you disagree with this you will have to challenge it in court. If you have court-ordered visitation and she refuses visitation on this basis, you can file a court petition asking her to be held in contempt and ordered to allow you to have scheduled visitation without this limitation. If your girlfriend has completed rehab and is now addiction-free, I would suggest you get a letter from the rehab to that effect, or provide copies of the tests from that period. You might be able to avoid a court fight over this.

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Answered on 6/24/10, 8:17 am


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