Legal Question in Family Law in Maryland

Re: sex offenders rights

Unfortunately someone can always sue for visitation, the question is whether they would win. Do keep in mind that the courts are not anxious to expose a child to a prison environment, but that doesn't mean that you are absolutely certain to win a case and prevent him from seeing the child. You will have a more difficult battle if you want to keep his family from visiting with the child. Extended family could petition for visitation. The standard the court uses to determine custody and visitation arrangements is "the best interest of the child." You will argue that it is not in the best interest of the child to be exposed to a sex offender nor the sex offender's family. There are many ways you can argue this, but I would need to learn more facts regarding the sex offense and the family dynamics. For instance, let's say the mother of the sex offender wants to petition for visitation with your child. One could argue (if you have evidence) that she is part of the reason why her son is behind bars and so therefore, it is not in the best interest of your child to be exposed to her. Again, I would have to learn more to determine what arguments you could use to counter any petition for visitation. If you have any questions call my MD office at 301-652-0663 or Fairfax office at 703-598-9220.

Re: sex offenders rights

The convicted sex offender can file any suit he wants, but that doesn't mean he will win anything. I never guarantee any specific result of a legal action, but I would come pretty close to guaranteeing that no judge in Maryland would order the mother of an infant child to take the child to a prison in Virginia to visit a father who has never seen the child, even if the father wasn't a convicted sex offender. He might have a somewhat better chance of winning a visitation award after he completes his sentence, but he will have to file a paternity action first, to establish that he is the father. After that, a lot of considerations including the nature of the sex offense will have some bearing on what a court might do. I think it's safe to say that the mother will not have to take the child to Virginia, but it is possible that the father will be permitted to visit with the child in Maryland, almost certainly with court-ordered supervision of the visits. Maryland law takes the position that almost always it is in the best interest of a child to have some acquaintance with the child's parents, but that acquaintance sometimes amounts to very little contact.