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Frequently Asked Questions about Visitation Rights in a Maryland Divorce
Answers to Frequently Asked
Questions About Custody and Visitation
Table of Contents
- 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?
- Why
might I want to use monitored exchange?
- 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. 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 Domestic
Relations Forms available in PDF format. To view and print forms, you
may be required to download the free Adobe
Acrobat Reader software. Currently, states across the U.S. are leaning
towards joint custody.
Finding
the circuit courts
Read
more about custody
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Where can I find information
about missing children?
National Center for Missing and Exploited
Children - www.missingkids.org
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.
Phone: 703-274-3900
Hotline: 1-800-843-5678 (1-800-THE-LOST)
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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.
There is a complete list of the Domestic
Relations Forms available in PDF format. To view and print forms, you
may be required to download the free Adobe
Acrobat Reader software. Currently, states across the U.S. are leaning
towards joint custody.
Back to Top
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.
There is a complete list of the Domestic
Relations Forms available in PDF format. To view and print forms, you
may be required to download the free Adobe
Acrobat Reader software.
Back to Top
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 visit the child at a particular time and
in a particular place. Supervised
visitation centers can be found in the various counties throughout the
state.
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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 in most counties in the state.
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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.
There is a complete list of the Domestic
Relations Forms available in PDF format. To view and print forms, you
may be required to download the free Adobe
Acrobat Reader software.
Back to Top
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.
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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.
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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.
Read more about visitation.
There is a complete list of the Domestic
Relations Forms available in PDF format. To view and print forms, you
may be required to download the free Adobe
Acrobat Reader software.
Back
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