Legal Question in Family Law in Maryland
I have sole custody of my son. My son's father is changing his schedule to work in the evenings, so that he can watch my son during the day. My son thrives in daycare. Daycare has increased the development of his social skills and this is the only time he plays with kids his own age. The daycare is in a home setting and all the kids and parents get along very well. I believe this is a better setting for my son. Of course his father only wants to do this so that he can get his child support reduced. Can he do this, even though I object?
1 Answer from Attorneys
Do you have sole physical and legal custody? If so, the legal custody gives you primary decision-making authority. Further, I am guessing there is likely a custody/visitation agreement or order in place that specifies the times that your son's father can visit with your son and/or how disagreements about such things are to be resolved. You can use these tools to assert your parental rights regarding where your child spends his days. You do not have to just accept what the father wants to do, especially if you are the primary custodian.
I would understand if you wanted to agree to some compromise here (maybe dad could pick him up early from day care one or two days a week), particularly if the father is genuinely interested in spending time with his son. You do not, however, want to agree to anything that could unwittingly cause you to compromise any of your custody rights or have your child support diminished. If you had a lawyer help you during the original custody proceedings, you may want to reach out to them again. If you didn't, now may be a good time to contact a lawyer. Good luck.
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