Legal Question in Family Law in Maryland
Have Sole Custody--Ex's Family Wants To Fight For Visitation
I have sole, legal, physical custody of my child and the courts have an order that any future visitation will have to be by a court order. My ex-husband never appeared in court and has no interest in the child. My Ex's brothers appeared at my house after two years with no contact and wanted to see my child. The police where called and they where asked to leave with no future contact. They said they where going to fight for visitation. I know that my ex-husband has no interest in the child and it's just his family who is trying to bother me. It has been two years and out of the blue they want to see the child and have a relationship with the child. My child doesn't even know who these people are because the child is only three. They said they where going to fight for visitation. They live in another state, what legal rights if any do my Ex-husband, Uncles's and Grandmother have in a case like mine?
2 Answers from Attorneys
Re: Have Sole Custody--Ex's Family Wants To Fight For Visitation
Based on the information you have provided, I would say that your ex-husband's family have no real chance of being granted visitation by a Maryland court. Maryland law provides that grandparents may file for visitation, but that doesn't mean they will win if the custodial parent opposes it. A recent Supreme COurt decision, cncerning a casae fr om Washington State, makes it harder for grandparents to be awarded visitation which is opposed by the parent. The law says nothing about brothers-in-law. Finally, the court will look at what the best interest of the child, and it is probably not difficult for you to make a case that it is not in the best interest of your child to have visitation with these people.
Re: Have Sole Custody--Ex's Family Wants To Fight For Visitation
Maryland supports grand parent's rights where a proper claim is brought...and yours does not appear to be this. Maryland's decisions, so far, are in accordance with recent Supreme Court decisions on this matter. But again, your's does not, based on what you have said, provide grand-mom or grand-dad with a course of action. But your question does not provide relevant information.
As for how to deal with your in-laws, I can provide assistance per your call. I will draft and file the needed documents to protect you legally. Where a favorable disposition is achieved, and based on what you have said this is most likely, the police will cite your brothers-in-law for violations of judicial orders.
Call me at (410) 799-9002 if you wish to pursue the matter. I provide a free half hour consultation and will meet you, at your convenience, for further action.