Frequently Asked Questions about Visitation Rights in a Maryland Divorce
- How do I obtain custody of my child?
- Where can I find information about missing children?
- Can fathers obtain custody?
- Can a child have input into a custody decision?
- What is supervised visitation?
- What are monitored exchange sites?
- When do grandparents or other relatives have custody or visitation rights?
- What happens if the non-custodial parent refuse to return the child to the parent with custody?
- Are visitation rights contingent on the payment of child support?
- How do I exercise my visitation rights, if the custodial parent is denying me access to my child?
How do I obtain custody of my child?
Either one of the separated parents may petition a Circuit Court in Maryland for custody of a child. There are two kinds of custody in Maryland: physical custody (the parent with whom the child resides) and legal custody (the parent who has decision making authority on behalf of the child). If the parties cannot agree about who should have custody, the court will grant custody either solely to one of the parents or joint custody to both of the parents.
There is a complete list of the Family Law Forms available in PDF format. Currently, states across the U.S., including Maryland, are leaning towards joint custody.
Where can I find information about missing children?
National Center for Missing and Exploited Children. This non-profit national information center has a searchable database of missing children. You can contact the center to report a missing child - they may help with a media search.
Hotline: 1-800-843-5678 (1-800-THE-LOST)
Can fathers obtain custody?
In Maryland, fathers can gain custody of their children. The law no longer favors one parent over the other. The parent seeking custody must meet the same criteria: what is in the best interests of the child. This can include factors such as the fitness of the parents, the needs of the child, and the goal of maintaining family relationships.
There is a complete list of the Family Law Forms available in PDF format.
Can a child have input into a custody decision?
Courts will sometimes listen to the wishes of older children. Courts rarely take into account the wishes of very young children. Children who are 16 years or older may petition the court themselves for a change in custody.
What is supervised visitation?
Supervised visitation means that the non-custodial parent may not spend time alone with the child. It usually also means that the non-custodial parent may only visit the child at a particular time and in a particular place. It can be ordered if the behavior of a parent or the safety of a child is a concern. Supervised visitation centers can be found in the various counties throughout the state.
What are monitored exchange sites?
Monitored exchange sites are places where parents can arrange to exchange their children at a safe and monitored location. There are monitored exchange centers throughout the state.
When do grandparents or other relatives have custody or visitation rights?
Generally, the natural parents will have a presumptive right to custody. Only in cases where the parents are found to be unfit, or there are exceptional circumstances, will third parties be granted custody. At any time after a divorce, grandparents may petition the court for visitation rights. Although Maryland allows grandparents and other third parties to request visitation rights, it requires a demonstration of parental unfitness or other extraordinary circumstances.
What happens if the non-custodial parent refuses to return the child to the parent with custody?
If a child is under twelve years of age, it is unlawful to keep that child for more than 48 hours within the state of Maryland, or remove the child from the state of Maryland for more than 48 hours, after the lawful custodian has demanded the child's return.
Are visitation rights contingent on the payment of child support?
No. Visitation rights may not be denied to the non-custodial parent, even though the non-custodial parent is not paying child support.
How do I exercise my visitation rights if the custodial parent is denying me access to my child?
You may seek a court order defining your visitation rights. Violation of this court order will result in the custodial parent being held in contempt of court.
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