Legal Question in Family Law in Maryland
visitations prior to court order
I began a custody proceeding with ex in May of 2001. In July of 2001 she took my two girls and her daughter from a previous marriage and moved to California. Petitioned court but they permitted her to stay. While still in Maryland I visited children in Nov. Dec. Jan and May. Each visit from 5-10 days/nights. Relocated to Cal. in mid July. Court is on the 26th of Sept. Since relocation she and her attorney have not permitted visits. I have written letters requesting visits, but I am told he will attempt to keep these letters out of court as settlement discussions are not permissable. I need advice on how to deal with visitation interference prior to court orders being established.
1 Answer from Attorneys
Re: visitations prior to court order
Your letters do not sound like settlement discussions, they sound like evidence that you have made unsuccessful attempts to visit with your children. This is good evidence of your interest in your children (as is the history of prior visits and your relocation to California), and I can see no valid reason for the court to exclude such evidence. One of the things the court must consider in deciding custody is the willingness of each party to cooperate with the other party in maintaining parental relationships with the children. What you have is evidence that your ex gets a low grade on that issue. I hope you have a good attorney representing you who will be aware of all of the issues the court must consider and who will be prepared to present evidence that you score well on all of them.