Legal Question in Family Law in Maryland

visitation: change in circumstances

My ex has court ordered visitation for summers and every other holiday. He only practices his visitation when it appeals to him. Since our order was written, my oldest has been diagnosed with epilepsy. Her seizures have become more frequent and my current husband and I are the only ones who supply insurance. His visitation is coming up and our daughters condition has worsened. What can I do to keep my daughter here (biological father lives in Boise ID) where she has access to her doctors. I have SERIOUS concerns as to whether the biological father (due to his lack of responsibility and a stable home) can provide adequate care for the children. ie: administer meds. property take care of her when she has an episode etc. He has never dealt with this condition before nor has he shown concern. What are my rights to withhold visitation withouth court approval, until her condition is brought under control?


Asked on 4/28/02, 12:02 pm

3 Answers from Attorneys
Lisa Lane McDevitt McDevitt Law Office

Re: visitation: change in circumstances

You really need to petition the court for a modfication of the visitation before doing anything. You could refuse to send her off to her father but do keep in mind that you will be in violation of a court order and he could call the police and show them a copy of the court order and they could force you to turn her over. He could also file a contempt motion against you in court. The safest strategy is to petition the court for a modification.

Good luck to you. Please call me if I can be of any further assistance.

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Answered on 4/28/02, 3:05 pm
Carolyn Press Chung & Press. P.C.

Re: visitation: change in circumstances

You should do everything you can to avoid denying visitation without first getting into court for a modification of the current order, if the father refuses to give up his summer visitation voluntarily when informed of the circumstances. If he insists on visitation in spite of the serious health problem. File a petition for modification, which needs to be personally served on the father, along with a motion to shorten time to answer and a request for an emergency ex parte hearing which states the reason for urgency. You should get a quick hearing which should result in, at least, a temporary stay of visitation and give the father time to respond. Eventually the court will try to reach a solution which will provide for some visitation but which will also provide some guarantees that the child's health will be protected.

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Answered on 5/10/02, 9:03 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: visitation: change in circumstances

It appears that you have reasonable grounds upon which to petition for a modification to the custody and visitation order. The severity of her epilepsy, as you describe, may be a basis to modify visitation. This is especially important in regard to medical assistance where her father resides and the level of her dependence on her doctor.

Did her father live in Idaho at the time of the granting of the order? This may also be relevant to modify visitation especially if your daughter is young (you did not specify her age).

You could choose not to send her but you risk being held in contempt of court. A highly recommended approach is to seek a modification rather than act in disregard of the court order.

If I can be of assistance, please contact me. I hope matters works out for you.

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Answered on 5/01/02, 10:31 am


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