Legal Question in Family Law in Maryland
Welfare of my daughters
I have two daughters from a previous marriage. Their father has problems with alcohol and drug abuse. He is currently on probation for a DWI and has lost his license.
He has our children every other weekend.
Almost every weekend they are with him he drinks excessively while they are there. The children found marajuana and a pipe hidden under the coffee table in the living room while there this past weekend and told me that he drank 13 beers in 1 afternoon/evening.
My question is what can I do to protect my children? This is not a safe environment for them. I tried to get supervised visitations at the time we separated, but I was told he would have to do something while the children were with him to have that granted. I am scared for their safety and I do not sleep when they are with him.
Please, any advice will be greatly appreciated.
1 Answer from Attorneys
Re: Welfare of my daughters
In order to change a custody order you must show the court there has been a material change in circumstances. If he did not drink or do drugs (to your knowledge) at the time you entered into the visitation agreement then you can ask the court to modify the custody/visitation schedule in light of his actions. The problem will arise in proving to the Court that he is drinking/doing drugs while your children are present. The Court is typically unwillng to allow children to testify, especially against a parent. However some judges will allow it depending on the age of the children, the children's maturity and the situation. I am happy to answer any additional questions you might have. Please feel free to call me.
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