Legal Question in Family Law in Maryland

Visitation With Sick Parent

Per Separatn Agrmnt & final Divorce docs I have joint legal custody & joint primary physical care of my 9y/o son. Im guarantd a minimum of 2 nts per week plus every other wkend & the right to see him any time w/ 48 hrs notice. Just had back surgery; under doctors orders I cant drive for 12 wks. Asked my ex to work w/ my fiancee to develop a schedule 4 pick-ups & drop-offs until Im released by my doctor. My fiancee & I live together & she will also assist w/ his care until Im 100%. I have no one else available to help me but my ex has refused to communicate w/ my fiancee. My ex is ok w/ my fiancee watching our son but yet refuses to acknowledge her. My fiancee needs to be here w/ me & my son until I'm fully recovered & I've tried explaining to my ex that there will be scheduling issues that will need to be discussed. She still refuses - she won't even accept text msgs or e-mails. I have no other choice so I told my ex she should plan on bringing my son directly to me & picking him up directly from me. I promised to provide at least 4 DAYS NOTICE on dates & times. She still refuses & says its not her problem to arrange his visits with me. Is she obligated to work w/ me on this? Its been 3 weeks since Ive seen my son. Am I wrong?


Asked on 10/18/06, 1:22 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Visitation With Sick Parent

If your ex will not try to interfere, let your fiancee transport the child back and forth. If she tries to prevent this, or if that isn't feasible, you may have to file an emergency court petition to get a judge to order her to cooperate.

Although it may not be spelled out in the separation agreement, there is an implied duty to cooperate with one another to carry out the terms of custody.

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Answered on 10/18/06, 2:09 pm


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