Get your Visitation: 10 Custody Maneuvers
Where one of the parties refuses visitation and/or overnights and there is no Order of custody
Often one party – the mother or the father – refuses to permit the other parent visitation and/or overnight visits or interferes with visitation in some other way. Some parties will attempt to justify the denial of visitation stating their reason for doing so becaue the other party does not provide child support. Others come up with excuses such as special medical needs, the necessity of breast-feeding, alleged abuse, or a wide host of other reasons and rationalizations in denying visitation or custody.
Here is a list of strategies that may be employed to protect the party who has been denied visitation:
- An attorney could file for immediate custody in the circuit court either where the client resides or where the other party resides.
- Investigate whether or not the other party has committed domestic violence against you or against the child. If that situation exists, file a petition for protection from domestic violence in the circuit court where the other party resides or where you reside. Make sure that you obtain assistance from your attorney in completing the petition for domestic violence.
- Importantly, pay child support according to the Maryland child support guidelines. Judges consider the sincerity of the parent’s payment of child support as truly an objective indicator of the parent’s desire to do what is in the best interests of the child.
- If the child attends school, childcare, or if the child is babysat and the location is other than where the other party resides, visit with the child frequently.
- Attend all medical appointments where the child is seen by the physician. Obtain all medical records for each visit with the doctor.
- Attend all school conferences at the schools in which the child attends.
- Attend all sports events in which the child participates.
- Even though there is no order of custody and either party has the right to have the child in their custody, caution should be used before pulling the child from the other party. A well thought out plan should be established to deal with this issue.
- Keep a log of all visits with the child: overnights, attendance at physician’s examinations, office visits, and school conferences. List the names of the teachers and other administrative personnel who were present at the teacher’s conference, at the child’s sporting events, piano and other music lessons, and all other activities in which you visited or had custody of your child.
- Keep a list of names and addresses of all persons described above with dates, telephone numbers and related information.
Fred Antenberg is a family law attorney who is located in Columbia Maryland and provides family law services to individuals in Howard and surrounding counties. Call Fred at 410-730-4404.