Legal Question in Family Law in Maryland
The mother of my 2 month old son and I are not together and we have not gone to a lawyer before, but I want to be able to see my son without out her around and she said no. Is this legal?
3 Answers from Attorneys
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Joe Holthaus 410.750.2567
Yes, it is legal, but is probably not in the best interest of the child. Without a custody and visitation order, both parents have equal rights to the child. Conversely, without an order, you have no legal visitation rights to enforce and no legal recourse. I would recommend consulting with an experienced family law attorney to discuss your rights as a father and what the legal steps are that you may take. If you want regularly scheduled, enforceable visitation rights, you need to file for custody and/or visitation. The mother will likely file for child support if she has not done so already.
Unless there are reasons to prevent it, such as problems with your living situation or a record of neglect, abuse or mistreatment, most courts will allow unsupervised visitation for the noncustodial parent.
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