QUESTION

My ex wife will not let my daughter come to my house; what are my options?

Asked on Feb 06th, 2015 on Child Custody - Maryland
More details to this question:
My ex wife has decided not to allow my 11 year old daughter to come to my house for our visits because she recently found out I was bisexual and living with my male partner. According to our divorce decree we have joint legal and physical custody. What are my options regarding this?
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1 ANSWER

Appellate Practice Attorney serving Cockeysville, MD at Law Office of Jason Ostendorf LLC
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Thank you for your question.  Sexual orientation is not a ground on which to deny visitation.  The ex wife is violating a court order without any justification.  You should file papers to not only enforce your visitation rights, but also use the ex wife's interference as grounds to request a modification of custody. Indeed, in Bienenfield v. Bennett-White, 91 Md. App. 488 (1992), the custodial parent attempted to prevent visitation because the non-custodial parent attempted to educate the child on religious views with which the custodial parent disagreed.  The Court found the custodial parent to be acting in bad-faith without justification, and modified custody in favor of the non-custodial parent.  Your argument may be stronger than the non-custodial parent's argument in Bienenfield, since Maryland has recognized same-sex marriage. Feel free to contact my firm.  I am an experienced family law attorney in Baltimore, and I would be glad to help.
Answered on Feb 09th, 2015 at 2:17 PM

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