Legal Question in Family Law in Maryland

I moved back to Maryland this year 2015. I got my devorse in 2004. It had a restraining order in it that stated my x- husband was not allowed any where near me and our boy's. He now wants to see the boy's that are still under age. The restraining order had no expiration date on it. Can he see them or not?


Asked on 5/03/15, 3:58 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

If in fact the judge who granted the divorce specified a "stay away" as part of the divorce decree without any termination date or conditions, it would still be in effect. If this was an outgrowth of a civil protection order you filed as a separate case, it would have already expired under the terms of that law. In either case, due to the significant passage of time, your ex might be in a position to demonstrate that there has been a sufficient change in circumstances, especially since I assume your sons are now teenagers or getting close to that, that he should be allowed contact with them. Once a child turns 16, he/she can essentially dictate how he relates to the parents, absent extraordinary circumstances such as child abuse. If the two of you can't reach an agreement on this (taking into account your sons' wishes), don't be surprised to see him file a motion for modification in court.

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Answered on 5/04/15, 6:52 am


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