Legal Question in Family Law in Maryland
My husband and I were divorced in March. He is a recovering addict and I had a restraining order against him and he has 3 years no contact for pleading guilty to assault. As a part of our divorce agreement if he moves out of his mom's house it is considered a material change in circumstance. He moved out October 1st, but stated in an email to my mom that he will still be taking my 2-year-old son on the days he has visitation to stay at his mom's house. I am wondering what are my rights in regards to knowing where he lives and where he is taking my son? I have FULL legal custody and sole physical...he only has visitation Wednesday morning to Thursday morning and every other Saturday night to Monday morning.
1 Answer from Attorneys
You have every right to know where he will be living despite the fact that he claims that he will exercise visitation at his mom's house, as underscored by the language in your agreement. I would inform him in writing (email is OK) that until he supplies this information you will suspend visitation. If the agreement doesn't specify that visitation must take place at his mom's house, and you are concerned that he won't follow through on this commitment, you could go back to court and ask for a modification of the order and also an order that he must keep you informed of his residence at all times going forward.