Legal Question in Family Law in Maryland

Modifying a Court Order

OK. My daughter shares legal custody with her husband, and the child is with mom every other week, and then with dad every other week. Two days ago, we found out that the babysitter (the husband's mother) took the 15 month old to the dr's for a sick visit w/out notifying the parents, gave incorrect info on his condition, and it was only for a sick visit, not an emeergency. My daughter was advised by a legal advice hotline to petition the court for modification on the exsisting court order to exclude the babysitter from taking the minor child to the dr's. We were told that it was against the law for the dr to provide service for the child w/out a parent present. Can you help us figure out what we can do, and if this is truely Maryland's law? Thank you so much! :)


Asked on 1/08/04, 3:07 pm

1 Answer from Attorneys
Wayne Comer Wayne E. Comer, Esquire

Re: Modifying a Court Order

First I must disclaim knowledge of Maryland domestic law. However, the laws of the various states tend to follow similar patterns. Secondly, I don't believe it is really feasible to say much without more details. Whether you should go to the expense of further legal action would depend on the particular degree of harm or jeopardy which was caused. If it is, in fact, a real serious concern, you might even petition to have a guardian ad litem appointed to represent the child. The evidence of such Guardian would carry very much weight with the court, but this remedy is generally available only in a "court of record". (a court whose decision is final unless appealed to an "appellate" court.) Probably the the best advice of all is that you directly consult a family law expert attorney in MD.

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Answered on 1/10/04, 12:14 pm


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