Legal Question in Family Law in Maryland

Visitation rights

We divorced last year, it was on adultry charges against me. He has the kids, it was my choice since I could not support myself or them. In the divorce papers it says he has full custody but I have visitation rights and there are no stipulations stating otherwise. He wants me to take a drug test and refuses to let me take the kids with me anywhere unsupervised until I taken the test. I have said no since he has no grounds to believe I am doing drugs. Does he have the right to tell me (as the mother) I cannot be alone with my children or have them spend the night with me once I have a place big enough to accomidate them? The kids leave for CO next summer and after that, I will get to see them once a year, if that. Thank you so much!


Asked on 3/23/06, 8:54 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Visitation rights

It would have been best to specify a visitation schedule at the time of the divorce if you anticipated a problem, but perhaps you didn't at that time. Your ex has no right to dictate terms of visitation, either as to place, preconditions or time. You need to file a petition in court, known as a show cause order, asking the court to hold him in contempt because he is in violation of the divorce decree by denying you reasonable rights of visitation. You need to consult with an experienced family law attorney who knows the law and how to present your case. Once your ex is served with court papers he'll likely agree to set up a visitation schedule which will be fair to everyone.

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Answered on 3/23/06, 9:33 am


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