Legal Question in Family Law in Maryland

Re: custody

It will strengthen your case for sole custody if you can demonstrate to the court that you gave your ex every opportunity to have visitation with the child and that she failed to avail herself of the opportunity. I would send her a proposed visitation schedule but require that she notify you in advance of her intention to exercise it on any given occasion. Advise her that she can't just "show up" and expect the child to be available given her past history of non-interest.

If you just keep her in the dark and then later try to modify, she could come in and complain that she never got notice and demand a specified schedule. Courts are reluctant to terminate visitation rights unless there has been abuse of the child or the contact is demonstrably not in the child's best interest.

Re: custody

You should keep in mind that the court is applying the "best interest" standard.

It is generally viewed that contact with both parents is in the best interest of the child unless shown otherwise.

The mother in this case appears neglectful. It could be viewed as neglect on your part if you did not try and pursue a visitation schedule.

It is in your better interest to show that you recognize the value of a child having relations with both parents. If mom can't see that then mom is at fault. It appears that she is "hanging herself" in this regard.

Do not try to sabotage her since this will be suspected. Rather, it is a better course of action to DEMONSTRATE that you tried to be amicable. There are matters of tone and substance that are important and an attorney can assist you with this.

Hope this helps.