Legal Question in Family Law in Maryland

Keeping me from the house and seeing the children

My boyfriend and I met while he and his wife were having trouble. Things happened and they separated because she believed we were together (all she has are IM logs to support this). So, he and I still see each other and she has recently found out that we still see each other. She now wants to keep me away from the kids and the house legally. Is this possible? Doesn't she have to prove that I'm a harm to the children or to the property? We reside in Maryland and the wife picked up and moved the children to her parents' in Virginia. She filed a peace order a month ago, but didn't show up to the hearing. Will that hurt her chances of obtaining legal means of keeping me away?


Asked on 5/31/09, 1:31 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Keeping me from the house and seeing the children

Your boyfriend, not you, is entitled to visitation with his children. At the same time, if he is in a legal proceeding regarding custody and/or visitation, he can request that the you be allowed to be present during visitation, and it would be up to a judge to determine if that is in the best interest of the children. You are legally in an adulterous relationship, but if they are divorcing you would then be free to continue the relationship. As for the failed peace order hearing, if she didn't have a good excuse for not attending then that undercuts her claim that you are harmful (I assume that was the purpose of the peace order).

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Answered on 6/01/09, 10:40 am


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