QUESTION

Visitation of step child?

Asked on Jan 26th, 2015 on Child Custody - Maryland
More details to this question:
I just found out my husband is cheating on me and that is the icing on the cake-I'm done. However, I have been in my step daughter's life since she was 9 months old-she is six now. I live in MD and he does not have full custody of her, but can I get visitation of her from his time? I've been the one taking care of her every other weekend from Friday to Monday and it would break both of our hearts to never see each other again, she is like my daughter now. The idea of losing her is enough to make me stay and he knows that. Summary: Could I get visitation?
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1 ANSWER

Appellate Practice Attorney serving Cockeysville, MD at Law Office of Jason Ostendorf LLC
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Regrettably, a court will not grant you visitation.  I am a Baltimore, MD family law attorney, and have a wealth of experience in child custody matters.  The only Maryland statute permitting visitation by non-biological parents in this state is Md. Code, Fam. Law § 9-102, which deals with grandparent's rights to visitation.  The courts make it nearly impossible even for the best of grandparents to obtain visitation, so you can imagine how much of an impossible battle it would be for a step parent who does not even have a statute on their side. The reason is that the right to control the upbringing of the child is a fundamental constitutional right of the biological parents.  Any award of visitation to a third-party (i.e., grandparents, step parents, etc.) would infringe on that right.  As a result, the law is pretty clear that a court cannot grant you visitation. Your best bet is to try to reach an understanding with your husband.  You may want to politely draw his attention to his child, and try to compassionately explain that it may be in the child's best interest - from a nurturing and developmental perspective - to continue to have one-on-one time with you.  However, keep in mind that, legally, you have no barganing leverage, and are, unfortunately, completely at his mercy on this matter. With regard to the other issues that will surface in your divorce, my firm can help.  Proving adultery and protecting your rights to alimony and a fair equitable distribution of the marital property are not easy matters to argue in court.  While they might seem straight forward now, it is a whole different ballgame in a courtroom, with objections left and right, not to mention the legal paperwork that often gets filed prior to the court hearing in adultery cases.  Feel free to contact my firm to schedule a consultation.
Answered on Jan 26th, 2015 at 9:48 PM

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