Legal Question in Family Law in Maryland

I have an almost 9 month old baby with my ex boyfriend, the baby is breastfed and lived with me his whole life in Maryland. His father lives in northern Virginia and has come to see him 1 time since we broke up in November. He is threatening to take legal action and demands I give him the baby every other weekend and I can pump the whole weekend. The baby has never spent a night without me, and doesnt really even know his dad. I am applying for legal aid and will be filing for full custody with their help soon I hope. Will a judge really allow him to take the baby for overnights? He is under care of a psychiatrist, and is an alcoholic, I am scared and do not want him alone with the baby.

Asked on 2/04/13, 10:29 am

1 Answer from Attorneys

Paula McGill Attorney at Law

You don't have to do anything for now. Either he will establish and seek visitation or you will file for full custody and he will make his request for visitation.

As a general rule, courts believe that it is in the best interest for children to have a relationship with both parents. There are exceptions to this general rule, including for child molesters and those who have severe mental disabilities.

It is impossible to guess what a judge may do in this situation with psychiatric and alcoholic issues. One possibility is for the court to grant supervised visitation with the child where he can see the child in your presence or the presence of another designated person (even a social worker).

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Answered on 2/04/13, 10:54 am

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