Legal Question in Family Law in Maryland

Re: Living with Girlfriend while married...child abuse?

Whoever told your boyfriend that is not conversant with the law in this area. As long as the child is well cared for in your home, your boyfriend has every right to have visitation there.

Re: Living with Girlfriend while married...child abuse?

The problem may be that the mediator may not be an attorney familiar with Maryland law. There is absolutely no legal bar to having the child live or stay with him (and you) during the divorce. I assume that adultery has been admitted already and is not an issue here, but even so it is not a bar to custody or visitation. It sounds, rather, like the child's mother is engaging in alienation of the child. It is not clear how old the child is but it is critical to maintain contact. If he has not already filed for custody as part of a limited divorce, while the separation ripens, he should do so as this is the only way to get a Pendente Lite order that will affirm his rights to see the child and to have the child with him. Also, shared custody is more common these days and will lower child support if the parent has at least 35 percent of overnights with the child. This is another factor to consider. The longer that the mother establishes no overnights with the child for your boyfriend, the harder it will be for him to establish any custodial rights. Please see our website at www.marylandfamilylawyers.com for more information. Thank you!