Legal Question in Family Law in Maryland
visitation
Does a father still have the right to visit child if not in for 10 yrs. (his doings)? He has seen this child for 3 months then out for 6 months. He has lied under oath and has abused me and me son(not his).
He has supervised visits now and I have to drive 30 miles one way to take this child to him. He does not want supervised visits. Please help me protect my child.
1 Answer from Attorneys
Re: visitation
The father does have the right to visit the child, even though it may seem as if he doesn't deserve that right. The courts believe, as a general rule, that it is in the best interest of the child, even if the parent is not a very wonderful person, for the child to have some kind of contact with the parent. If you believe it is not in the child's best interest, and is in fact harmful to the child, you can ask the court to stop visitation. This is a hard case to win, and the fact that you drive 30 miles one way for the visits will not be considered relevant by the court. If you feel your child needs protection from the father beyond the protection afforded by supervised visitation, you will need to have some persuasive evidence of the harmful effects of the visits, or perhaps the harmful effects of the off-and-on nature of the visits. You will probably not get very far without a lawyer, and if you can't afford to hire one you should try to get representation through Legal Aid or through any other legal services agency which may exist in your county. I would advise you to consult with a lawyer first, before filing an action with the court, for advice on your chances of pesuading the court to stop visitation. If the harm which you feel the child is experiencing can't be substantiated to the satisfaction of the court, you may end up doing more harm than good in the attempt to help your child.