Legal Question in Personal Injury in Maryland

Hello, my ex-husband lives in an illegal basement apartment. We have a child who visits him on weekends. I have asked him about the legal status of the apartment due to concerns from my child (she mentioned that there is only one exit, that only door its too heavy and she can't open it and this heavy door appears to be the bulk-head) but he has dismissed it completely and did not respond. Finally, I spoke to the town buyilding inspector and fire chief and have confirmed that this is an illegal apartment. The building inspector mentioned that someone else had said something about this over a year ago. The owner of the house left me a message saying that I should sit with my ex, her, the fire chief, and building inspector so she can explain how safe this apartment (illegal) is. The town has been complacent on this for so long, and the owner of the house who is renting this basement apartment to my ex, is so cozy that she even felt comfortable inviting me to discuss this option with the town officials. I have written to my ex stating that I have confirmed the apartment is illegal and that I do not want my child going to that house for any period of time until I see proof that this has been approved as legal and safe apartment. he did not respond to that either. I am thinking of involving an attorney, to make the town take action and perhaps sue the town and the owner for their complacency, but I am not sure what sort of attorney I should be contacting for this. My ex has been in this apartment for more than 2 yrs and for almost a year I have spend countless hours of sleepless night, agony, and anguish everytime my daughter goes to be with him because I fear about the potential of fire and other dangers associated with illegal occupancy. Please help. Thank you in advance.


Asked on 7/11/10, 11:04 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

The best way to resolve the issue is to file a petition to modify visitation for your daughter. You would ask the court to restrict visitation to outside his apartment. He can either give up overnights, go to a hotel, or move. You should be prepared to demonstrate through some expert testimony that the apartment is unsafe for your daughter. Consult a family attorney for assistance.

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Answered on 7/13/10, 10:40 am


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