Legal Question in Family Law in Maryland
Husband is incarcerated in MD, can court force me to take my 5 year old to see him? I have denied visitation since Feb 8, 2012 after his home was raided with my child present. All due to his criminal behavior and drug use, which has not stopped. He has been incarcerated for a month after another criminal act. He is now trying to ask the court to find me in contempt of my protective order. The PO doesn't state specific, just, "visitation to be negotiated through his mother". HELP!! I don't want my child traumatized anymore than he already is!! He doesn't know where his father is... no child should have to carry that on their shoulders at such a young age.
2 Answers from Attorneys
The court does have the authority to require you to do this to comply with visitation, but if you contest his petition arguing that it would be traumatic for such a young child to be exposed to the prison environment, the court may be persuaded to suspend visitation during his period of incarceration.
Although the Court can force you to take your son to visit his father, a good lawyer can go a long way to prevent that from happening.