Legal Question in Family Law in Maryland
My rights as a mother.
Long tory short... I have residential custody of our daughter with her father getting her on the weekends and standard holidays. He has gotten in ''a bit'' of trouble with two Dui's in one year and , eventhough his trial is in a few days, it does not look good for him. I was wondering what my rights were as a mother, cutody wise? I dont want to take her away from him because she loves him, but what else can I do to help him realize that raising a child comes with responsibilities. Less visitation? Does any one have any suggestions?
2 Answers from Attorneys
Re: My rights as a mother.
While I don't think this is a case for termination of visitation rights, you might want to seek either an agreement or, failing that, a court order that he is not to drink during visitation. He most likely will lose his driver's license for a period of time, which is probably a good thing in the sense that he otherwise might be driving with her in the car after a restaurant meal in which he drank, etc.
Re: My rights as a mother.
In determining custody/visitation, the standard of the court is "the best interests of the child." In addition, to modify a current court order for visitation, the standard is "a material change in circumstances." The issue would be whether 2 DUIs constitutes a "material change." If your argument is that less contact with her father is in your daughter's best interest, you would need to show proof of that. From the facts given, your reasons wouldn't rise to that standard. You stated that your daughter loves her father, and that you want to help him understand the responsibilities of parenthood, I doubt the court would agree that the way to help a father would be to limit his access to his children, not to mention the effect that would have on the child.