Legal Question in Family Law in Maryland
Being served
I have been separated from husband for over 3 years now. We have a daughter, who is 15, whom he has not let me have contact with since September, 2003 when my dad had a massive stroke & we weren't sure he would live. I am being served with divorce papers but do not want to sign because he doesn't want me to have any contact with her but I wish to see her. I can't afford a lawyer to fight this and make too much for legal aid. If I don't sign the papers, what will take place and is there anything I can do so that I can see my daughter?
2 Answers from Attorneys
Re: Being served
It is important that you provide a proper defense to this divorce/custody matter - otherwise, the court can order that your husband gets full custody and you will get no visitation and have to pay him child support. We cannot take the case for free, but we do have attorneys at reasonable rates. Please call to arrange a consultation. Thank you.
Re: Being served
If you don't exercise your rights by asking for visitation with your daughter, you won't get them. At 15, she's old enough to decide for herself whether she wants to have a relationship with you.
Most county bar associations have lawyer referral programs that will refer you to lawyers who accept clients on a reduced fee basis if they income qualify. You can find the number of the bar association in your county (or in the county where the court papers are filed if different) in the phone book. I suspect that if you file an answer to the complaint requesting visitation rights, your husband won't fight this. The reason you suggested for why he's preventing contact with your daughter makes no sense.
Of course, he might ask for child support, which you're probably not paying now. And you do have a duty to support your daughter until she's 18 or finishes high school.