Legal Question in Family Law in Maryland
Visitation while my husband is gone.
My husband and I have had court ordered visitation of his 8 year old daughter for almost 5 years now. We also have 2 daughters together. He has recently joined the Air National Guard and is away for 6 weeks for his Basic Training. He talked to his daughter's mother before he left about her keeping things the same and letting us carry on with visitation and she said it was fine with her. We've always had problems with her from the beginning and she now refuses to let me or my daughters see Kelsey (thats my step-daughters name). I'm wondering what rights I have as her step-mother (if any), if my children have sibling rights and if the court order is still in place while my husband is gone temporarily?
1 Answer from Attorneys
Re: Visitation while my husband is gone.
Your husband didn't lose his visitation rights by his temporary absence, but those rights are not transferrable to you, unless the court were to expand the rights. To accomplish this, your husband would have to file a court petition, asking the court to allow the scheduled visitation to continue with you and your daughters. You would argue that there is a family unit there that has been created over time and it would be detrimental to Kelsey's interests to have that taken away from her.
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